Our FAQs

Business Law FAQs | The Law Offices of Paul H. Appel

Common Legal Questions

Expert answers on business transactions, corporate governance, and risk management from a trusted New Jersey business attorney.

Commercial Real Estate & Leases

Yes, but only for commercial properties. We serve property management firms and business owners in Monmouth and Middlesex County regarding CAM audits, lease enforcement, and breach of contract. Please note: We do not handle residential landlord-tenant disputes or residential eviction proceedings.

Commercial leases lack the consumer protections of residential leases. You must scrutinize Common Area Maintenance (CAM) clauses, zoning suitability in towns like Lakewood or Edison, and personal guarantees. We perform a full Commercial Lease Review to identify these hidden liabilities.

Business Formation & Governance

It depends on your tax goals and funding needs. An LLC (Limited Liability Company) offers flexibility and pass-through taxation, ideal for most small businesses. A C-Corporation is often better if you plan to raise venture capital. We help you meet all NJ LLC requirements and choose the right structure.

We provide comprehensive Corporate Governance reviews to ensure your board practices, bylaws, and decision-making processes comply with New Jersey law. This is essential for preventing shareholder disputes and maintaining your corporate veil.

Yes. Without one, your business is governed by NJ default laws, which may not align with your wishes. An Operating Agreement defines profit sharing and exit strategies, crucial for preventing future partner conflicts.

Contracts, Franchises & Employment

Absolutely. Buying a franchise involves complex Federal Disclosure Documents (FDDs). Our Franchise Attorney services help you understand territory rights, royalty fees, and exit clauses before you invest.

New Jersey uses the strict "ABC Test" to classify workers. Misclassification can lead to state audits. We draft Independent Contractor Agreements that clarify IP ownership and ensure compliance with labor laws.

Yes, if they are reasonable in scope and duration. We draft Non-Compete Agreements that protect your trade secrets without violating New Jersey's evolving labor standards.

Buying & Selling Businesses (M&A)

In an Asset Sale, you buy specific items (client lists, equipment) and leave liabilities behind. In a Stock Sale, you buy the legal entity and its history. We advise on which structure best minimizes your risk.

Typically lasting 30-60 days, our Due Diligence services involve auditing the seller's financials, contracts, and potential litigation risks to ensure you get exactly what you pay for.

Dispute Resolution & Collections

We provide aggressive Business Debt Collection services. From formal demand letters to litigation, we help you recover unpaid invoices from vendors or clients while adhering to the FDCPA where applicable.

This may be a breach of fiduciary duty. We review your agreements to explore remedies for Partnership Disputes, which may include a buyout, forensic audit, or dissolution to protect your investment.

General Counsel Services

For businesses not ready for a full-time in-house lawyer, our Virtual General Counsel packages provide predictable monthly access to counsel for day-to-day questions, contracts, and risk management.

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