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Parsippany Legal Blog

Understanding patent infringement

When you are a patent holder in New Jersey, it is typically in your best interests to protect this patent. At the Weiner Law Group, LLP, we understand it is important for you to know when this patent has been infringed and what action you can take.

According to FindLaw, if someone sells or makes your patented item without first gaining your authorization, this person has committed patent infringement. This infringement can usually come in several forms. You typically commit contributory infringement if you knowingly help another person infringe on the patent but have not violated the patent yourself. Direct infringement means that you may have used the patented item without authorization. If you are charged with literal infringement, this means that you took words from the patented item and used them in a different context. Intellectual infringement usually refers to times when you assist someone with patent infringement.

A prenuptial agreement may protect your assets long term

As you prepare to walk down the aisle, you may be excited to live in marital bliss long term with your one and only. The truth is, though, that not all marriages last for one reason or another. Irreconcilable differences can easily push two people apart over time.

For this reason, you may want to create a prenuptial agreement, also known as a premarital agreement or prenup, before you say, "I do." Here is a look at what this type of agreement can do for you in New Jersey.

Giving children a voice in the custody schedule

Parents in New Jersey who have worked hard to co-parent amicably and provide two stable environments for their child may be surprised when the child announces that it is not working. After all, reducing conflict is supposed to lessen the negative stressors of the divorce, and creating strong parent-child bonds is good for mental, physical and social development.

According to FindLaw, even though the parents are happy with the arrangement, if the child is 12 or older, the court may be interested in listening to his or her point of view and considering custody modifications based on those opinions. This is not to say that the couple would no longer share joint custody. Even if the child primarily lives with one parent, the couple could still share the responsibilities and decisions of parenting.

What should you know about environmental law compliance?

New Jersey business owners who are running into issues with environmental law may want the opinion of legal experts. Weiner Law Group LLP is here to help you determine which laws and statutes apply to you and your business, and how to comply with them.

First, it can be tough to determine which laws apply to you in the first place. Certain laws will apply more to some businesses than others. For example, if your business will not produce a lot of air pollution or waste, then you may not have to worry as much about the statutes involving fresh water or air pollution limitations. However, if your business may impact nearby wetlands or protected nature, you will have to comply with the regulations related to those areas.

Good and bad ways to handle denial of child custody visitation

When you separate from a partner, making an agreement for child custody and visitation can be full of tense negotiations and emotional challenges. One parent may end up with limited amounts of time to bond with the children, or a parent may have a reason to have sole custody for the children. During the divorce, you likely negotiated with your partner to find an arrangement that worked.

Unfortunately, now you face the situation where you try to see your kids, but your spouse refuses to comply with the judge's order. The pain and inconvenience of not being able to see your kids can be upsetting. All you want is the fair chance to have the judge's order honored. What are the options? In child custody, as in life, there are better and worse ways to handle a problem.

Seeking a zoning variance

When you work in commercial and/or residential real estate development in Parsippany, you know that issues over land use are almost expected with each and every project. Many of the clients that we here at the Weiner Law Group LLP have worked with in the past have seen such questions lead to accusations of zoning violations being made against them. This often prompts the question of whether there are circumstances in which land can be developed contrary to local zoning guidelines. The answer to that question is yes, yet only if it is done the right way. 

That way is spelt out in Section 40:55D-70 of New Jersey's state statutes. Here it says that the state Board of Adjustment has the authority to grant a variance from the strict application of zoning regulations in the following situations: 

  • The property you are considering is exceptionally narrow, shallow, or happens to be in a unique shape
  • The property you are considering includes unique physical features or topographic conditions that could affect its use
  • The strict application of local zoning guidelines would result in peculiar and exceptional practical difficulties or undue hardship on you as a developer

How to defend litigation from an old business claim?

If the claim against you seems old, you will want to consider the New Jersey defense of the statute of limitations. Under New Jersey law, a plaintiff must file its lawsuit within a certain period of time.

The plaintiff must file the complaint timely in order to ward off a defendant escaping liability based on the technicality of the bar provided by the applicable statute of limitations. The plaintiff can file a suit against you that is past the statute of limitations, but upon proper motion, the court will dismiss it.

Alimony can be a complicated aspect of divorce proceedings

Divorce can be an emotionally trying and financially challenging experience. This is true no matter how long or short of a time you and your spouse have been in a marriage.

One area in particular that can spark conflict and confusion is alimony. However, an applied understanding of alimony may help with navigating this matter during a divorce proceeding in New Jersey.

How do I defend an OSHA violation?

If your New Jersey business runs afoul of OSHA safety regulations, you will likely be cited for violations that you must remedy to ensure a safe workplace. Beyond employee safety, which should always come first, a citation could impact your business if the violation is serious.

Depending on your industry, your clients and the type of violation, other businesses may suspend their interaction with your company. A speedy resolution is in everyone’s interest; along with correcting the safety issue, you also need to protect your good name.

Insurance carrier’s duty to defend a PRP?

Insured policy holders generally buy insurance to secure two major obligations from an insurance carrier when they become the subject of a claim for damages. What can be unclear is what constitutes the type of claim or suit that triggers coverage under the insurance policy warranting the triggered obligations of the carrier.

As discussed by the American Bar Association, there are two main obligations of a carrier, duty to indemnify and duty to defend. Duty to indemnify and duty to defend

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