Freehold, New Jersey Business Law Attorneys
Serving small and medium-sized businesses throughout the Monmouth County, NJ area
Business can be a maze. Knowing how to get you through it is our job. We're business lawyers for businessmen and businesswomen throughout New Jersey.
"Fredrick P. Niemann, Esq. represented me in a shareholder dispute. My calls and e-mails were promptly returned and my questions were thoroughly answered. I appreciated the frequency of their communication to me about my case and their sympathetic concern."
—Helen Eberle, South River, NJ
From business formation, including corporations, limited liability companies (LLC's), partnerships, business sales and purchases (including asset sales and stock purchases), litigation/mediation of tough business disputes, including contract actions, business fraud, interference with business relations, preparation and/or review of commercial real estate leases, landlord tenant issues and litigation, franchise agreements, and the maze called franchising, employment agreements, severance agreements, business succession planning for families and/or key business people, we've done it and often.
Best of all, we're practical in the real world of NJ business. And…we'll budget our services for you.
Visit our New Jersey
Business Related Sites:
Do you have a New Jersey fraud case? Visit our New Jersey Fraud site.
If you need a contract lawyer, our New Jersey Contract Attorney site. can help!
Our New Jersey Shareholder Agreement site can guide you to a business lawyer for shareholder agreement disputes.
Have a franchising legal matter? Let a Franchise Lawyer help you!
Passing a business onto another person? Make sure you contact a New Jersey Business Attorney!
For legal help forming or protecting a corporation, visit the Corporation Lawyers in New Jersey site.
For arbitration resources, visit:
Have a case involving a Covenant not to Compete in New Jersey? Visit:
A NJ Businessman/Woman Needs an Experienced Lawyer in the Real World of Business.For more than 30 years, we have represented many diversified small and medium-sized businesses in New Jersey, their owners and key management people in legal matters affecting their business:
Business Formation and Startup
We will help you set up your business and advise you of which form of business entity may be right for you now and into the future. We’ll work with your tax advisors to assist in making the tax code your ally instead of your enemy, where possible. Our goal is to minimize risk and liability and maximize your success.
Transactional Business and Commercial Law
Once you are up and running, we’ll work together with day-to-day issues that may arise and counsel you on issues that can adversely affect the success and profitability of your business. Business planning for your NJ business continues long after you incorporate and your business plan is first written. Businesses must plan for growth, profitability, tax consequences, employment issues, and other concerns. Business forms can change with commercial needs and realities, and savvy businesspeople will keep an open eye for a changing business dispute and potential changes that promote or impede your opportunities.
Business succession planning
In the event of the death, disability, retirement or withdrawal of a NJ business owner, key employee or partner, transfers of ownership interests may be the primary benefit to the business in a succession plan. Careful estate and business planning by an experienced NJ business law attorney can minimize future disputes between owners and address tax and estate issues.
Small, closely held businesses in NJ with a limited number of shareholders, and family-owned corporations.
These clients require special attention to the details of the business and its operations and the personalities and relationships between its members.
Directors' and officers' liability occurs when corporate representatives undertake actions that are illegal, unauthorized, or damaging to the business. While the corporate structure offers protection from liability in most instances, in NJ some actions or decisions can expose directors and officers to legal risks even if made in the every day course of business.
One of the biggest risks to NJ business is the fear of "piercing the corporate veil" and exposing yourself and your officers and directors to personal liability
Sometimes, New Jersey courts will allow plaintiffs to receive compensation from corporate officers, directors, or shareholders for damages rather than limiting recovery to corporate resources. The specific criteria for piercing the corporate veil varies and may include the following:
- If a business is indistinguishable from its owners in practical terms, the courts in New Jersey will not allow owners to benefit from limited liability.
Example: Tom’s Computer Consulting Business and Tom, individually share the same banking account. Tom signs contracts in his own name. Tom may be liable for breaching a business contract because he and his company are legally indistinct.
- If a corporation is formed for fraudulent purposes, courts will allow recourse against the owners.
- If a business fails to follow corporate formalities in areas such as record-keeping and decision-making procedures, a court may impose liability on the individuals controlling the business.
Potential personal liability to business owners is the reason New Jersey mandates that businesses observe legal requirements to avoid injury to third parties.
Clearly written contracts, agreements and employment policies are a must in today’s NJ and national economy
- NJ Contract Law Attorney. Whatever type of contract is involved, be it goods, services, consulting or employment agreement, licensing and/or distribution agreement, or any other type of agreement, contracts define and control the relationship in business. Let us help you by writing, reviewing, and negotiating all of your business contracts.
- NJ Non-Compete Agreement Attorney. Are you concerned about protecting your valuable proprietary information and the possibility that your key employees might compete directly against you? If so, let our experienced business law attorneys prepare a well thought out and comprehensive NJ non-compete agreement for your business that can assist you in protecting your valuable proprietary and confidential business information. We can also prepare a non-competition agreement that will not overreach but will protect your interests. We can counsel you on defensible methods of introducing and enforcing a non-compete agreement with existing and new employees, upon whom non-competition agreements are enforceable.
- NJ Employment, Employee Handbook and Employment Policies. New Jersey law is a landmine for the unknowing. The state has enacted laws and regulations that are unique in the United States. Make a mistake, intentional or innocent, and your business is threatened from not only the employee(s) affected but the regulatory state agencies that oversee jurisdiction of employment law and practices. Our attorneys are experienced labor and employment counsel who can advise you not only on the technical details of the law but practical alternatives that may clearly be preferable. Our attorneys have experience in the real world of business.
New Jersey Business Law: Planning for Your Successful Future NJ Franchise Law and Contracts
Franchising allows a company to use several small businesses to distribute its products and services while maintaining a consistent public image. When a company grants a franchise, it lets another business use and profit from its successful business plan. State and federal laws strike a balance between larger corporations and the small business owner seeking a franchise. The success or failure of a franchise often comes down to the details in the documents. Do not risk your investment by signing them without our review. Let our experienced attorneys protect you and your investment.
- Franchisee Law Representation in NJ We will review franchise documents offered by the franchisor, explain your obligations and responsibilities, and advise you throughout the process of purchasing or selling a franchise. Franchises are governed by both federal and NJ state law(s) so it is important that you select an attorney who has handled franchise document reviews and transactions. We have represented purchasers and sellers in a wide range of franchised businesses including, for example, technology, fast food restaurant chains, service and retail businesses. We offer clear and direct advice and disclosures to our interested franchise clients.
Commercial Lease Agreements for Retail, Office and Industrial Use in New Jersey
Review of the Lease for your Business We represent the interests of landlords and prospective tenants in their retail, office, industrial and commercial leases. We look at a wide range of issues that can have significant legal and financial consequences to our clients, like non-compete clauses, maintenance charges, minimum operational clauses, allocation of utilities expenses, etc. Simple issues like signage and street visibility can dramatically impact the desirability and pricing of a commercial lease space. We represent clients statewide in matters of landlord tenant law and commercial leasing. Put our experience to work for you.
BUYING OR SELLING A BUSINESS IN NEW JERSEY
Buying or selling a business is a major decision. Fredrick P. Niemann and Counsel can guide you through each step, from the Letter of Intent to the Closing Statement. Once you have found a business to purchase or if you’re selling a NJ business, we’ll help negotiate the legal terms, draft the Asset Purchase Agreement or Stock Purchase Agreement and such additional documents as:
- Promissory note and security document(s) with owner or bank financing
- Escrow and pledge agreement(s)
- Non-disclosure and non-compete agreement
- Authorizing corporate resolutions
- Amended Operating, Shareholder and Partnership Agreements
- Amended corporate bylaws
- Closing statements and post closing agreements
Buying a Business in New Jersey
When representing a purchaser of a business, due diligence is necessary and a cautious attention to the details is required prior to the closing. We look to put in writing those promises and representations made by the seller which you are relying upon prior to entering into the purchase agreement. In addition, a thorough review of all of the company's contracts and leases, employee records and benefits, customer information, supplier agreements and other documents, lien searches on the acquired assets should be initiated. We will work with the landlord and undertake a review, revision and negotiation of a new lease. We can help you prevent the costly mistake of buying liabilities and risks for which you didn't bargain.
Selling a Business in New Jersey
When representing a seller of a business, we want to protect you by evaluating the representations and warranties you are being asked to make about your business to determine if the sales contract and supporting documents are appropriate and factually supported based on your disclosures. We strive to help the transaction proceed smoothly and in a timely manner, and that any excluded assets are protected.
We draft the documents you will need for selling the business, attend the settlement to close ownership and participate in drafting and reviewing the closing statement in advance of the closing.
Buying or Selling a Franchise Business in New Jersey
In addition to all of the above, selling or buying a franchise in New Jersey has some additional requirements. If you are purchasing a franchise, you need to secure the consent of the franchisor and the landlord. We will incorporate the necessary franchise clauses and important contingencies into the purchase agreement to protect you.
If you are a franchisor, in addition to the normal business acquisition issues, we make sure that all of the franchise agreements are properly assigned. We also ensure that all post-closing liabilities and assets of the business, including obligations to franchisees, are transferred to the new owner.
We have represented many clients in buying and selling a NJ franchised business. Our clients appreciate that we provide detailed and cost sensitive legal work and responsive service. If you plan on purchasing or selling a franchise or a business in New Jersey, contact Fredrick P. Niemann, Esq. today.
Whether you need assistance with just one contract or business matter or would like an ongoing relationship with a NJ business law attorney who you can depend on for all your company's legal needs, our firm is here for you. Contact Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com, or call him today at (855) 376-5291.
Business Disputes
"In my negotiations with a large international corporation, Fredrick P. Niemann worked with me to the end.They were thoughtful and proactive in identifying the issues of concern to me, issues I hadn’t even thought of.I was very satisfied with the services they rendered."
—Cheryl Scheidler, Wall Township, NJ
Do you have a shareholder or partnership dispute in New Jersey?
Do you have a verbal or informal business agreement that is threatened?
New Jersey business law lawyers must be confident and passionate about their client(s) and their cause.While committed to serving their client's interest by seeking solutions and settlements that avoid protracted and contentious court proceedings, if faced with an unreasonable and/or confrontational adversary, Fredrick P. Niemann and the attorneys at Hanlon Niemann will not hesitate to try your case to conclusion before a judge and/or jury.
Contact an experienced New Jersey Business Law Attorney today.
In NJ, many of the most successful small and medium-sized businesses are founded on a strong relationship between two or more partners or shareholders. But if the relationship breaks down, the consequences can be devastating. It’s hard to be objective when your business interests are being threatened and it seldom makes sense for those involved to sort out the problem themselves. If not resolved quickly and decisively, company or partnership disputes can deplete business resources and focus.
Many attorneys and/or law firms only offer transactional services. When faced with the prospect of a lawsuit and court room, they'll quickly bail out and refer their client (you) elsewhere. Not us, we're with you all the way and we'll continue to serve you throughout the entire case.
We've tried to conclusion many types of NJ business disputes, shareholder fights, LLC member and partnership suits; franchise claims; probate litigation, non-compete restrictions, employment, intellectual property, technology, class action litigation; contract and insurance cases, tortuous business practices, unfair competition, labor and others.
We have highlighted just some of our significant litigation practice areas. If your case involves an actual or potential business dispute in New Jersey and you would like to speak to our litigation partners personally, call Fredrick P. Niemann Toll Free at 855-376-5291. You may also e-mail him at fniemann@hnlawfirm.com. He will be happy to speak to you.