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Noncompete and Nonsolicitation Tune Ups For 2026 Planning
New Jersey employers enter 2026 without a federal ban on employee noncompetes. Courts halted the FTC’s rule, and the agency has abandoned its appeals. The result is a return to state law and contract drafting. In New Jersey, that means reasonableness, careful tailoring, and a heavier reliance on nonsolicitation and confidentiality to protect real business interests.

Peter Lamont, Esq.
Jan 57 min read


Winter Storm Liability For Businesses And Property Owners
Winter weather tests premises safety in a way that ordinary operations do not. Snow, ice, melt, and refreeze change conditions hour by hour. New Jersey law does not relax the standard of care because a storm is inconvenient. It measures what a prudent commercial owner or operator did in view of the conditions, the volume of visitors, and the predictability of hazards. The analysis turns on control of the area, notice of the condition, timing of the response, and the paper rec

Peter Lamont, Esq.
Jan 28 min read


Cyber Incidents After The Holidays
January often reveals what happened while offices were closed. Inboxes were compromised, forwarding rules were created, cloud folders were accessed, and payment instructions were altered. New Jersey law does not pause for closures. The duty to investigate and, when required, to notify affected residents applies with the same force whether the breach was discovered on a weekday morning or on the evening of December twenty third. A disciplined response that preserves evidence,

Peter Lamont, Esq.
Dec 31, 20257 min read


Restrictive Covenants: Non-solicitation And Confidentiality Tune Ups For Sales Teams
An employee’s restrictive covenant…will generally be found to be reasonable if it ‘simply protects the legitimate interest of the employer, imposes no undue hardship on the employee and is not injurious to the public.

Peter Lamont, Esq.
Dec 29, 20257 min read


Holiday Returns, Gift Exchanges, And The Consumer Fraud Act
A policy printed only on the receipt is not enough. If a merchant limits refunds to exchanges or store credit, that limitation must be disclosed in a way the customer can see before paying.

Peter Lamont, Esq.
Dec 19, 20256 min read


Year End Contract Review For New Jersey Small Businesses
Year end is the right time to measure contracts against how the business actually operates. The law of contracts in New Jersey looks to the words on the page and to performance during the term. Courts enforce clear language, and they give weight to how the parties behaved.

Peter Lamont, Esq.
Dec 15, 20257 min read


Year-End Employee Bonuses, Commissions, And Wage Claims
Year-end payouts carry real legal consequences in New Jersey. The label on a payment does not control the outcome in a dispute. Courts and regulators look at what was promised, how the plan defines when compensation is earned, and whether overtime was calculated correctly when commissions or bonuses were paid.

Peter Lamont, Esq.
Dec 12, 20257 min read


Holiday Promotions, Giveaways, And Charitable Tie-Ins In New Jersey
Holiday marketing succeeds when the legal terms are as clear as the graphics. New Jersey treats promotions, giveaways, and charity tie-ins as advertising that must tell consumers the material terms before they act.

Peter Lamont, Esq.
Dec 10, 20258 min read


Company Holiday Parties And Alcohol Service Risks
Company parties are not a legal holiday. They are business events where New Jersey law still applies. Alcohol service, harassment claims, wage and hour questions, and injury exposure converge in a single evening. The risk does not come from celebration. It comes from a lack of planning and documentation.

Peter Lamont, Esq.
Dec 3, 20257 min read


Pop-Up Shops And Holiday Market Vendor Agreements
Seasonal retail works when the legal groundwork is set before inventory and fixtures arrive. Pop-up shops and holiday markets create unique risks because control of the space is shared, timelines are tight, and customer volume is compressed. In New Jersey, the agreement between the venue and the vendor controls day-to-day rights and remedies.

Peter Lamont, Esq.
Dec 2, 20257 min read


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.
Nov 24, 20258 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 21, 20257 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 17, 20257 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 14, 202511 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 10, 20256 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 7, 20257 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 5, 20256 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 15, 20254 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 13, 20255 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 8, 20255 min read
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