Unpaid Purchase Orders: What Sellers and Buyers Need to Know Before a Dispute Escalates
Under UCC Article 2, a purchase order can constitute a binding contract even without a formal signed agreement — and a buyer who accepts delivery generally cannot later dispute that a contract was formed. Sellers holding unpaid invoices should move to enforce promptly; delay weakens collection prospects and forecloses pre-litigation settlement opportunities.
LOIs, MOUs, and Contracts: What Business Owners Need to Know About Enforceability
In New York and New Jersey, courts look at a document's substance, not its title. An LOI or MOU may contain enforceable provisions — exclusivity, confidentiality, termination fees — even when the rest of the document is non-binding, and in some cases the entire document may constitute a binding contract.
Non-Disclosure Agreements for Business Owners | New York & New Jersey
A non-disclosure agreement creates enforceable confidentiality obligations when sensitive business information must be shared with employees, contractors, investors, or partners. This article explains how NDAs work, when to use them, how to choose between mutual and one-way structures, what key provisions mean in practice, and how courts in New York and New Jersey approach enforcement and remedies.
Federal Law Gives Trafficking Survivors the Right to Sue Businesses That Profited From Their Exploitation
The TVPRA's beneficiary liability provision allows trafficking survivors to bring civil claims against businesses — including hotels, landlords, financial institutions, and technology platforms — that knowingly profited from trafficking ventures. Survivors have ten years to file, may proceed anonymously, and are not required to have participated in a criminal case.
New Jersey Supreme Court Rules Undocumented Workers Are Entitled to Wage Protections
Lopez v. Marmic LLC (N.J. Supreme Court, March 19, 2026) holds that New Jersey's wage and hour statutes require employers to pay undocumented workers for work already performed, notwithstanding IRCA's prohibition on employing unauthorized aliens. The court narrowly read Hoffman Plastic as limited to backpay for work not performed, and rejected both the barter-for-wages defense and the documentation-irregularity credibility argument. For NJ employers: immigration status is not a wage defense, non-cash substitutes for wages don't satisfy state law, and the NJ DOL's enforcement posture on these claims now has unanimous Supreme Court backing.
Non-Compete Agreements in New York and New Jersey: What Employers Need to Know in 2026
Non-compete agreements in New York and New Jersey are enforceable today — but may not be for long. New York's Senate passed a bill in June 2025 that would ban most non-competes for employees earning under $500,000 per year, and the bill remains pending before the Assembly. New Jersey introduced an even broader bill that would void most existing agreements retroactively. This article explains the current law in both states, what the pending legislation would change, and what employers should do now.
Board Governance Failures: Top Legal Risks for NJ and NY Nonprofits
Nonprofit directors in New York and New Jersey face real legal exposure when board governance breaks down. This article outlines the most common governance failures—including fiduciary duty violations, conflicts of interest, improper elections, and regulatory investigations—and explains how nonprofits can reduce risk through disciplined oversight and compliance practices.
SDNY’s Written Opinion on AI Privilege: Further Guidance from Judge Rakoff
On February 17, 2026, Judge Jed Rakoff of the Southern District of New York issued a written opinion explaining why documents generated using a consumer AI platform were not protected by attorney-client privilege or the work product doctrine. The decision highlights the critical distinction between consumer and enterprise AI tools, the importance of reasonable expectations of confidentiality, and the need for counsel-directed use when AI is involved in litigation. This article provides practical guidance for businesses in New York and New Jersey on managing AI-related privilege risks and updating internal AI governance policies accordingly.
AI and Attorney–Client Privilege: What Business Clients Need to Know After United States v. Heppner
In United States v. Heppner, the Southern District of New York held that documents created with a consumer AI platform and later shared with lawyers were not protected by attorney–client privilege or the work product doctrine. This article explains what the ruling means for businesses and provides practical steps to reduce waiver risk when using AI tools.
U.S. Depositions of Korean Witnesses: Practical Preparation Guide for Businesses
When Korean companies are involved in U.S. litigation, depositions can be unfamiliar, lengthy, and outcome-determinative. This guide explains how the process differs from Korean proceedings, how interpretation and document review affect testimony, and why careful preparation is essential. Good Pine P.C. outlines practical steps businesses can take to protect their interests and reduce risk.
Shareholder Agreements for Closely Held Corporations: Key Clauses to Prevent Litigation
Closely held corporations are especially vulnerable to internal shareholder disputes arising from unclear ownership rights, management authority, exit strategies, and valuation methods. This article explains the key provisions every shareholder agreement should include—such as governance rules, transfer restrictions, buy-sell mechanisms, deadlock resolution clauses, and dispute resolution terms—to help business owners reduce litigation risk and preserve long-term enterprise value.
Navigating Federal Discovery Obligations: What Small Businesses Often Get Wrong
Small businesses involved in federal litigation frequently misunderstand their discovery obligations, leading to unnecessary disputes, sanctions, and strategic setbacks. This article explains what small businesses often get wrong about federal discovery, including evidence preservation, electronically stored information (ESI), internal coordination, and proportionality. It provides practical guidance on how businesses can comply with federal discovery rules in good faith while protecting their legal and operational interests.
Avoiding Spoliation: How Not to Lose Your Case Through Evidence Destruction
Spoliation of evidence can lead to severe sanctions, adverse jury instructions, or dismissal of claims. This article explains what spoliation is, when the duty to preserve evidence arises, common mistakes businesses make, and practical steps to avoid losing a case through evidence destruction.
Litigation Hold Letters: What Businesses Must Do to Preserve Evidence
Litigation hold letters require businesses to preserve documents and electronic data once litigation is reasonably anticipated. This article explains when litigation holds are required, what evidence must be preserved, who must comply, and the risks of failing to meet preservation obligations.
Piercing the Corporate Veil in New York: When Can Owners Be Personally Liable?
This article explains when New York courts will pierce the corporate veil and hold business owners personally liable for corporate obligations. It outlines the two-part legal test applied by New York courts, common factual scenarios where veil-piercing claims arise, and practical steps business owners can take to reduce exposure.
How to Enforce a Judgment in New York and New Jersey
Winning a lawsuit does not guarantee payment. New York and New Jersey provide powerful tools to enforce judgments, including bank restraints, wage garnishment, asset discovery, and property execution. This guide explains how judgment enforcement works in both states and what steps judgment creditors can take to turn a court victory into real recovery.
FINRA Arbitration: What Investors and Financial Professionals Need to Know
FINRA arbitration is a specialized dispute resolution process that governs most investor and broker-dealer disputes. This article explains how FINRA arbitration works, the rules that apply, how it differs from court litigation, and what investors and financial professionals should know before bringing or defending a claim.
Understanding a New Jersey Consumer Fraud Act (CFA) Claim: Strengths, Limits, and Common Misconceptions
The New Jersey Consumer Fraud Act (CFA) offers powerful remedies, including treble damages and potential attorney’s fees, but those remedies are not automatic. This article explains how CFA claims actually work in practice, what must be proven in litigation, and why contingency-fee representation is not always appropriate despite the statute’s strength.
Minority Shareholder Oppression in NYC: When Majority Owners Cross the Line
Minority shareholder oppression occurs when majority owners in closely held New York businesses abuse control to exclude minority shareholders from the economic benefits of ownership. Common issues include freeze‑outs, withheld distributions, lack of transparency, and self‑dealing. New York courts offer remedies ranging from damages to buy‑outs and dissolution, making early legal guidance critical.
Commercial Litigation in NYC: Strategies for Small and Mid-Sized Businesses
Commercial litigation in NYC affects small and mid‑sized businesses across industries. Common disputes include contract breaches, internal ownership conflicts, and commercial lease issues. Early case assessment, evidence preservation, and strategic decision‑making are essential to managing risk and controlling costs in New York’s demanding litigation environment.