The holiday season is a wonderful time of the year. Unfortunately, however, it can also be a dangerous time for consumers. Every year, crooks and scammers come out of the woodwork to take advantage of innocent people. Therefore, as the holidays approach, consumers should be on the lookout for scams designed to steal their personal…
Continue reading…Author: Bryan Vandenheuvel
Measuring a Lawyer’s Standard of Care: Why Expert Testimony Is Needed in Legal Malpractice Cases
In order to prevail in a legal malpractice case, a plaintiff must prove that his or her attorney failed to meet the required standard of care. In order to prove this to the jury, expert testimony is often required. Below is an overview of why expert testimony is needed in legal malpractice cases. Establishing Legal…
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Resolving Business Disputes Outside of Court: The Value of Arbitration and Mediation
Alternative dispute resolution is a process that allows individuals to settle legal issues outside of court. There are many advantages to settling civil disputes through alternative dispute resolution. Two of the most popular forms of alternative dispute resolution are arbitration and mediation. Below we discuss the value of arbitration and mediation. What is mediation? Mediation…
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How to Protect Yourself from Civil Forfeiture
In New Jersey, law enforcement is permitted to seize property that is related to or derived from a crime. Civil forfeiture is common in drug crime cases, weapons crime cases, racketeering cases, and white-collar crime cases. Property subject to civil forfeiture in New Jersey includes: Homes Vehicles Financial Accounts Businesses When the government wins in…
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Avoiding Costly Partnership and Shareholder Disputes
Partnership and shareholder disputes happen for a variety of reasons. One of the primary reasons that partnership and shareholder disputes occur is poorly written partnership and shareholder agreements. When parties fail to effectively define their expectations by way of a shareholder or partnership agreement, this opens the door for disputes regarding issues like ownership percentages,…
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Common Reasons for Legal Malpractice and What You Can Do About It
Legal malpractice occurs when an attorney’s failure to act in an appropriate manner causes harm to a client. Attorneys are held to a high standard of care when representing clients. When an attorney fails to meet this standard, he or she may be liable for legal malpractice. Legal malpractice typically involves some sort of breach…
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Elements of a Legal Malpractice Case
Legal malpractice occurs when an attorney’s failure to act in a way that is consistent with the legal profession’s standard of care causes harm to a client. In order to prevail in a legal malpractice case, a person must prove the following elements: The existence of an attorney-client relationship The first thing an individual must…
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New Jersey Is the 16th State to Require Convictions for Civil Forfeiture
New Jersey recently became the 16th state to provide some measure of protection to individuals against civil forfeiture. Civil forfeiture allows law enforcement authorities to confiscate a person’s property even if they never charge him or her with a crime. Under the new law, the authorities will have to secure a criminal conviction in order…
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New Jersey to Track Money and Property Seizures
New Jersey recently passed a law that requires comprehensive disclosure and transparency for the state’s civil asset forfeiture system. Under New Jersey’s civil forfeiture system, prosecutors and law enforcement authorities can use the civil courts to confiscate property that they believe is associated in some way with criminal activity. Under the law, county prosecutors must…
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COVID-19 and Force Majeure Clauses and Business Continuity Plans
In addition to the obvious public health concerns, the COVID-19 pandemic and resulting mandatory shutdown of businesses across the country have raised legal questions regarding the contractual obligations and rights of businesses. In addition, the coronavirus has forced companies to reevaluate the ways in which they respond to crises. Below, we discuss the renewed interest…
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