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Writings by Joel N. Kreizman

Joel N. Kreizman concentrates his practice in Commercial Litigation. He is a former Deputy Attorney General assigned to the Antitrust Bureau of the Division of Criminal Justice and also a former chairman of the Antitrust Law Committee of the New Jersey Bar Association.
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Breaking Down NJ’s Business Judgement Rule post image

Breaking Down NJ’s Business Judgement Rule

Under the business judgment rule, when business decisions are made in good faith based on reasonable business knowledge, the decision-makers are immune from liability from lawsuits brought by others who have an interest in the business entity... Under the business judgment rule, when business decisions are made in good faith based on reasonable business knowledge, […]

Author: Joel N. Kreizman

Link to post with title - "Breaking Down NJ’s Business Judgement Rule"
COVID-19 Highlights Importance of Understanding the Guardianship Process post image

COVID-19 Highlights Importance of Understanding the Guardianship Process

COVID-19, unfortunately, is now among the examples of causes for the need to appoint a guardian... It is always advisable for individuals to express their own wishes regarding whom they want to manage their affairs if they become unable, which is traditionally done through a power of attorney. However, situations may arise when someone needs […]

Author: Joel N. Kreizman

Link to post with title - "COVID-19 Highlights Importance of Understanding the Guardianship Process"
NJ Supreme Court Makes It Easier for Employers to Implement Mandatory Arbitration post image

NJ Supreme Court Makes It Easier for Employers to Implement Mandatory Arbitration

The state’s highest court held that an employee’s continued employment can constitute assent to the terms of an arbitration agreement… The Supreme Court of New Jersey just made it easier for New Jersey businesses to implement employee arbitration programs. In Skuse v. Pfizer Inc., the state’s highest court held that an employee’s continued employment can […]

Author: Joel N. Kreizman

Link to post with title - "NJ Supreme Court Makes It Easier for Employers to Implement Mandatory Arbitration"
Are Arbitration and Mediation the Solution to Court Backlogs Caused by COVID-19? post image

Are Arbitration and Mediation the Solution to Court Backlogs Caused by COVID-19?

With courts shuttered for several months, COVID-19 has exacerbated New Jersey’s existing legal logjam... With courts shuttered for several months, COVID-19 has exacerbated New Jersey’s existing legal logjam. The number of backlogged cases this May was 153 higher than May 2019, according to the Administrative Office of the Courts. With court cases proceeding slowly, litigants […]

Author: Joel N. Kreizman

Link to post with title - "Are Arbitration and Mediation the Solution to Court Backlogs Caused by COVID-19?"
Understanding the Risks and Benefits of Remote Legal Proceedings post image

Understanding the Risks and Benefits of Remote Legal Proceedings

The coronavirus (COVID-19) pandemic has forced us to change the way we conduct everyday activities… The coronavirus (COVID-19) pandemic has forced us to change the way we conduct everyday activities. Court proceedings, arbitrations, and mediations are no exception, and parties to such proceedings increasingly rely on video conferencing to go “virtual.” While technology can allow […]

Author: Joel N. Kreizman

Link to post with title - "Understanding the Risks and Benefits of Remote Legal Proceedings"
New Rules Coming for Consumer Arbitration in NJ post image

New Rules Coming for Consumer Arbitration in NJ

NJ Gov. Phil Murphy recently signed legislation that establishes new consumer protections in arbitration… New Jersey Gov. Phil Murphy recently signed legislation that establishes new consumer protections in arbitration. The new law, Assembly Bill 4972 (AB 4972), aims to reduce conflicts of interest and fee-shifting. As set forth in the statement accompanying AB 4972, New […]

Author: Joel N. Kreizman

Link to post with title - "New Rules Coming for Consumer Arbitration in NJ"
SCOTUS Scores Another Win for Mandatory Arbitration post image

SCOTUS Scores Another Win for Mandatory Arbitration

SCOTUS Continues to Rule in Favor of Mandatory Arbitration inHenry Schein Inc. v. Archer and White Sales Inc. The U.S. Supreme Court continues to rule in favor of mandatory arbitration. In Henry Schein Inc. v. Archer and White Sales Inc., the Court held that arbitrators, rather than judges, should decide how disputes should be resolved in […]

Author: Joel N. Kreizman

Link to post with title - "SCOTUS Scores Another Win for Mandatory Arbitration"
NJ Employers Can’t Cut Corners When Executing Mandatory Arbitration Agreements post image

NJ Employers Can’t Cut Corners When Executing Mandatory Arbitration Agreements

For An Arbitration Agreement to be Enforceable, Employees Must Affirmatively Assent to the Terms While technology has made it easier for employers to execute workplace agreements, it is still imperative to keep basic contract principles in mind. Notably, for an agreement to be enforceable, employees must affirmatively assent to the terms. According to a New […]

Author: Joel N. Kreizman

Link to post with title - "NJ Employers Can’t Cut Corners When Executing Mandatory Arbitration Agreements"
NJ Appeals Court Invalidates Arbitration Provision for Failing to Specify Forum post image

NJ Appeals Court Invalidates Arbitration Provision for Failing to Specify Forum

In Order to be Enforceable, Arbitration Provisions Must State Where and How Disputes Will Be Resolved… In order to be enforceable, arbitration provisions must state where and how disputes will be resolved, according to the Appellate Division of the New Jersey Superior Court. In Flanzman v. Jenny Craig, Inc., the court invalidated the arbitration provision […]

Author: Joel N. Kreizman

Link to post with title - "NJ Appeals Court Invalidates Arbitration Provision for Failing to Specify Forum"
NJ Court Rules Employee Arbitration Agreement Can’t Bar Punitive Damages post image

NJ Court Rules Employee Arbitration Agreement Can’t Bar Punitive Damages

New Jersey employers can’t use arbitration agreements to bar punitive damages, according to the Appellate Division of the New Jersey Superior Court. In Roman v. Bergen Logistics, the appeals court held that barring punitive damages claims violates the public policy of the New Jersey Law Against Discrimination (LAD).

Author: Joel N. Kreizman

Link to post with title - "NJ Court Rules Employee Arbitration Agreement Can’t Bar Punitive Damages"
Understanding Franchisor Obligations Under the New Jersey Franchise Practices Act post image

Understanding Franchisor Obligations Under the New Jersey Franchise Practices Act

The New Jersey Franchise Practices Act (NJFPA) regulates certain aspects of the relationship between franchisees and franchisors. It is one of the most comprehensive franchise laws in the country, yet many New Jersey businesses are unaware of its legal requirements.

Author: Joel N. Kreizman

Link to post with title - "Understanding Franchisor Obligations Under the New Jersey Franchise Practices Act"

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