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In order to maintain a specified status quo while the plaintiff’s lawsuit is pending in New York State court, the plaintiff may obtain a preliminary injunction or a temporary restraining order (a “TRO”). An injunction usually includes a direction not to do a particular act. For example, a preliminary injunction may enjoin and restrain the defendant or defendants, while the plaintiff’s lawsuit…Read More

In March 2010, congressmen introduced, in the New York State Senate and the New York State Assembly, a bill entitled the Wage Theft Protection Act. The bill would significantly enhance civil and criminal penalties against employers who violate New York’s minimum wage and overtime pay laws. The Senate bill is linked here: http://open.nysenate.gov/legislation/api/1.0/html/bill/S7050. The Assembly bill is linked here: http://open.nysenate.gov/legislation/bill/A10163 . If enacted,…Read More

An appeal as of right to New Jersey's Appellate Division must be taken within 45 days after the trial court's objectionable judgment or order is entered pursuant to N.J. Ct. R. 4:47. N.J. Ct. R. 2:4-1(a). Not until that entry will the 45 days begin to run, and it makes no difference that the Superior Court has issued a written…Read More

A bill proposed in November 2009 by U.S. Senator Christopher Dodd (D-CT), the Restoring American Financial Stability Act of 2009, would require stock and insurance brokers to register as investment advisers with the Securities and Exchange Commission. The Senate bill would subject brokers to the Investment Advisers Act of 1940 (the “Investment Advisers Act”). The bill is linked here: http://banking.senate.gov/public/_files/AYO09D44_xml.pdf…Read More

Assuming that your company's medical plan is governed by ERISA, your company's employees in New Jersey have six years to sue the medical plan for wrongful denial of benefits. However, your company's medical plan may, by its terms, shorten this six-year period within which your employees may sue the plan. Most companies' group health plans provide medical coverage to the…Read More

Under N.Y. C.P.L.R. Article 62, a plaintiff creditor may “attach” (that is, seize) “[a]ny debt or property of a defendant debtor who does not reside in Manhattan, NY, or who is secreting his property with intent to defraud his creditors or to frustrate the enforcement of a potential judgment in the creditor’s favor.” The sheriff actually or constructively holds the…Read More

No. In New Jersey, a company may not deduct monetary losses to the company, for which the worker arguably was at fault, from the worker's paycheck. For example, if an employee gets parking tickets while driving a company car for business, the company may not deduct the parking fines from the employee's paycheck. Similarly, an employer may not withhold, from…Read More

This post explains how the arbitration panel is selected in three-arbitrator cases, consisting of intra-industry claims, being arbitrated before the Financial Industry Regulatory Authority, Inc. (“FINRA”). More specifically, this post addresses how the arbitration panel is appointed in intra-industry claims between a member firm (the broker-dealer) and an associated person (the individual). Such intra-industry disputes relate to the individual’s employment…Read More

Discovery (or, as it is called in Manhattan, “disclosure”) encompasses the various methods of obtaining information in a lawsuit. In Manhattan, discovery includes depositions on oral questions, depositions outside the state on written questions, interrogatories, demands for addresses, discovery and inspection of documents or property, physical and mental examinations of people, and requests for admissions. Clients sometimes ask this author…Read More

In Manhattan, NY, the managing member of a limited liability company (an “LLC”) owes a fiduciary duty to the LLC’s other members. This means that the LLC’s managing member and the entity’s other members are in a relationship of trust and confidence under which the managing member is bound to exercise the utmost good faith and undivided loyalty toward the…Read More