By C. Michael Gan | Published June 6, 2022 | Posted in Non Disparage Clause | Tagged Tags: Are non disparagement clauses enforceable, Are non disparagement clauses legal, Can you enforce a non disparage clause, Contract breach allegation, Disparagement, Non disparage clause, Validity of non disparage clause | Comments Off on It Depends on the Language – The Non-Disparagement Clause
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C. Michael Gan
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It Depends on the Language – The Non-Disparagement Clause
How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language. On May 31, 2022, the Appellate Division in a published decision affirmed the enforceability of a non-disparagement clause, but at the same time, held that the party was not in breach Read More
Read MoreThe Friendly Neighborhood Scheme
You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that applies to all the homes on the street, helps make sure the neighborhood looks consistent and uniform throughout. But then, a new neighbor comes in, Read More
Read MoreCommercial Landowner’s Duty to Remove Snow and Ice During a Storm
In New Jersey, do commercial property owners have a duty to remove snow and ice from their property while it is still snowing or raining? Except in unusual circumstances, the New Jersey Supreme Court says no. On June 10, 2021, the New Jersey Supreme Court in a 5-2 decision held that a commercial landowner does Read More
Read MoreThe Tortious Interference Claim
If you lose a bid for a property despite having submitted the highest financial bid, does this mean that you have a claim for damages against the broker? Maybe not. On April 15, 2021, the Appellate Division in an unpublished decision affirmed a trial court’s dismissal of tortious interference and common law fraud claims against Read More
Read MoreNotices and Appellate Review of a CAFRA Permit
In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review of an agency decision, as it relates to the approval of an individual Coastal Area Facility Review Act (“CAFRA”) Permit. JSTAR, LLC (“JSTAR”) was an Read More
Read MoreShould the Association Pool be Reopened During COVID-19?
As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor swimming pools are allowed to reopen effective June 22, 2020. However, pools that are reopening during this time must comply with standards and policies issued Read More
Read MoreUnited States Supreme Court Tackles Key Clean Water Act Judicial Review Issue
National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters of the United States” has been a struggle for the EPA and the US Army Corps of Engineers to define and apply. Read More
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