If you run a business, you may have wondered if there is a difference between "business law" and "commercial law." Many people use the words "business" and "commercial" almost interchangeably. Is there a difference -- and does it affect the kind of lawyer you need?
Lately, it seems like a new opinion about the enforceability of arbitration provisions in New Jersey comes out every day. In a newly published Appellate Division opinion, written by the Presiding Judge of the Appellate Division, Jack Sabatino, P.J.A.D., the court held a click through arbitration agreement was unenforceable. At the outset, the Court described the case as exemplifying the "inadequate way for an employer to go about extracting employees' agreement to submit to binding arbitration for future claims and thereby waive their rights to sue the employer and seek a jury trial." The plaintiff, here, alleged religious discrimination in violation of the New Jersey LAD (stemming from a mandatory vaccination policy).
When you enter into business or commercial litigation, you expect either to settle out of court or to have a trial. In some situations, however, the trial is cut short because one party files for summary judgment and a judge grants that motion. What is summary judgment?
You've entered into a contract, but the other party hasn't carried through on their promises. Failing to comply with the terms of a valid agreement is called "breach of contract." Contract breaches may be resolved through negotiation, alternative dispute resolution or courtroom litigation.
Whenever you enter into an agreement, it's important consider whether that agreement is enforceable in court. Otherwise, it's hardly worth the paper it's written on -- or isn't.