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Litigation Holds And Data Preservation Over The Holidays
Year end closures and reduced staffing create the conditions where evidence goes missing. New Jersey courts expect parties to preserve relevant information once litigation is filed or reasonably anticipated. That duty does not pause for holidays.

Peter Lamont, Esq.
7 days ago8 min read


Black Friday Liability For New Jersey Retailers
New Jersey applies Restatement section 344 to businesses that invite the public. The store must protect patrons from physical harm caused by the condition of the premises or by the conduct of third parties, when the store knows or should know of the risk. On Black Friday, foreseeability is rarely in dispute.

Peter Lamont, Esq.
Nov 217 min read


Chatbot Use At Work And Discovery Risk
Public AI tools are now part of daily business work. Employees use them to draft emails, summarize meetings, and build policies.

Peter Lamont, Esq.
Nov 177 min read


Year-End Vendor Contract Clean-Up For Small Businesses
I see this every December. Small business owners discover they're stuck with vendors they wanted to fire back in March. Or they get hit with surprise price increases they didn't authorize. Or they realize that "standard service" somehow morphed into something completely different from what they're actually paying for.

Peter Lamont, Esq.
Nov 1411 min read


Gift Cards And Promotions Under New Jersey Law
New Jersey bars expiration of the underlying funds during the first twenty four months and prohibits dormancy fees during that same period. If a dormancy fee is charged later, it cannot exceed two dollars per month.

Peter Lamont, Esq.
Nov 106 min read


Holiday Season Employment Compliance In New Jersey
Seasonal roles do not erase wage and hour duties. New Jersey’s Wage and Hour Law and the federal FLSA still govern pay, overtime, and recordkeeping. Classify workers as employees unless a true independent contractor relationship meets the New Jersey ABC test.

Peter Lamont, Esq.
Nov 77 min read


Chatbot Conversations Are Discoverable In New Jersey Litigation
Attorney-client privilege in New Jersey protects confidential communications between a client and an attorney for the purpose of obtaining legal advice. Once a third party is introduced, privilege is usually waived unless that third party is necessary to the rendition of legal services and bound by confidentiality.

Peter Lamont, Esq.
Nov 56 min read


Fall Retail Rush and Liability Risks for Business Owners
As fall approaches, many New Jersey retailers and small businesses experience an increase in customer traffic. The back-to-school season blends into early holiday shopping, and businesses that are unprepared can face serious liability risks.

Peter Lamont, Esq.
Oct 154 min read


What Is a Deposition in New Jersey Litigation and How Should Clients Prepare?
A deposition is one of the most important stages of discovery in civil litigation. In New Jersey, it is a formal proceeding where a party or witness answers questions under oath, outside of court, with a court reporter present to record the testimony.

Peter Lamont, Esq.
Oct 135 min read


Breach of Contract in New Jersey: What Remedies Are Available?
When one party fails to perform its obligations under a contract, the law recognizes that the other party is entitled to a remedy. In New Jersey, the remedies for breach of contract are not limited to one option.

Peter Lamont, Esq.
Oct 85 min read


Back-to-School Liability Issues for New Jersey Small Businesses
The arrival of September brings more than a change in season. For small businesses in New Jersey, the back-to-school period creates distinct liability concerns that owners must take seriously.

Peter Lamont, Esq.
Sep 295 min read


Understanding Fiduciary Duties in New Jersey Partnerships: What Every Partner Needs to Know
A fiduciary duty is a legal obligation that requires one party—the fiduciary—to act in the best interest of another party.

Peter Lamont, Esq.
Aug 86 min read


Understanding DMCA Takedown Notices: How YouTubers Can Protect Their Content and Respond to Claims
As an attorney who regularly represents YouTubers, influencers, and digital creators, I have seen firsthand how DMCA (Digital Millennium Copyright Act) takedown notices can disrupt content creation, monetization, and branding efforts. Many content creators, even seasoned ones, do not fully grasp how DMCA takedown notices operate or how to effectively handle them.

Peter Lamont, Esq.
Aug 66 min read


Premeditatio Malorum: How a Stoic Approach Can Help You Effectively Manage Litigation
When clients first encounter litigation, especially if it is their first time being sued, anxiety, stress, and uncertainty often arise.

Peter Lamont, Esq.
Aug 47 min read


Legal Foundations for Strong Business Partnerships: What New Jersey Entrepreneurs Must Know
Forming a business partnership is not simply about combining skills or resources. It is a legal and financial relationship that, if handled improperly, can lead to disputes, operational dysfunction, or personal liability.

Peter Lamont, Esq.
Jul 306 min read


Piercing the Corporate Veil in New Jersey: When Owners Face Personal Liability
The Corporate Shield Is Not Absolute
In New Jersey, one of the principal advantages of forming a corporation or limited liability company (LLC) is the protection it offers to owners and shareholders from personal liability.

Peter Lamont, Esq.
Jul 287 min read


How Unwritten Agreements Lead to Litigation: Lessons from the Statute of Frauds
Business owners often operate with the belief that a handshake, email exchange, or verbal promise is enough to form a binding contract.

Peter Lamont, Esq.
Jul 257 min read


The Consequences of Signing a One-Sided Contract: Enforceability and Leverage
The Consequences of Signing a One-Sided Contract. Clients are often surprised to learn that signing a one-sided or “unfair” contract does not automatically render the agreement void or unenforceable.

Peter Lamont, Esq.
Jul 237 min read


Settle or Litigate? Strategic Timing of Settlement Talks in Business Disputes
Settle or Litigate? In the context of business litigation, the decision to pursue settlement or proceed through trial is never binary

Peter Lamont, Esq.
Jul 216 min read


When Does Silence Become Fraud? Omissions and Concealment in New Jersey Business Deals
In this post we answer the question, When Does Silence Become Fraud? In every business transaction, there exists a spectrum of representations—ranging from overt statements and warranties to vague generalizations and, in some cases, outright silence.

Peter Lamont, Esq.
Jul 186 min read
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