Consider This: The Validity of Consideration in Factoring Estoppel Agreements
Every factor has experienced the frustration of the account debtor refusing to pay the factor on the grounds that the assignor’s performance was deficient.[1] To combat this, factors have turned to a powerful tool: the Estoppel Agreement. An Estoppel Agreement is a direct contract between the factor and the account debtor, which obligates the account […]
Factoring, Not Fraud: Why the New Jersey Consumer Fraud Act Does Not Apply to Estoppel Agreements for Factoring Relationships
Factors who rely on payment verification applications, otherwise known as estoppel agreements, can rest easier knowing their validity and enforcement is more secure, at least in New Jersey.[1] Recently, Daniel Cragg and I won a motion to dismiss establishing that the New Jersey Consumer Fraud Act (“NJCFA”),[2] while broad, does not extend to and cover […]
The Corporate Transparency Act: Rising Reporting Requirements
The Corporate Transparency Act (“CTA”), which takes effect on January 1, 2024, will create reporting obligations for most small businesses in the United States.[1] The CTA is designed to capture more information about the ownership of specific entities operating in or accessing the U.S. market, with the goal of enhancing transparency in entity structures and […]
Importing from China? What You Need to Know to Comply with the Uyghur Forced Labor Prevention Act
The United States has worked diligently in recent years to publicly denounce human trafficking, address violations of human rights, and prevent the importation of goods produced from forced labor.[1] In 2021, the Uyghur Forced Labor Prevention Act (UFLPA) was passed by Congress in efforts to ensure that goods made with forced labor in the Xinjiang […]
Mootness Madness: The Government’s Favorite Underhanded Litigation Tool and How you Can Fight It
Litigation against the government is costly in time and resources, and the scales are heavily weighted in favor of the government.[1] Beyond the general bias the courts can often show to the government, the government utilizes an extraordinarily powerful tool: seeking a dismissal of the lawsuit based on mootness. A case becomes “moot” if, at […]
Regulatory Vacation: Next Steps After Winning An APA Challenge
Federal[1] agencies adopted three thousand, two hundred, and seventy-three final rules in 2021 alone.[2] With each rule that was adopted, the Administrative Procedure Act (“APA”) required the Federal Government to follow the appropriate steps when reaching its conclusions about what rules and regulations the agencies should create. When agencies fail to take those steps, parties […]
Federal Trade Commission Proposes Ending the Non-compete Agreement
On January 5, 2023,[1] the Federal Trade Commission proposed new rules which would impact nearly thirty million workers and their employers by banning non-compete clauses in all labor contracts.[2] Non-compete clauses limit workers from working for competing businesses or starting their own competing business within a certain geographic area or time period. Workers of all […]
Forks in the Road: Three Routes to Transfer A Lawsuit
While attorneys understandably want to focus on the substantive merits of an action, the procedural question of what venue to litigate a case in can have substantial impacts on the likelihood of success.[1] And, transferring a case after its been filed can keep an action lacking personal jurisdiction alive, or ensure that a case has […]
ITAR: Breaking the Law to Comply with it
The Department of Justice has created an unworkable regulatory scheme whereby companies that endeavor to comply with the International Trafficking in Arms Regulations forbidding the “export” of technical data to individuals without sufficient ties to the United States (i.e., “U.S. persons”) are forced to violate anti-discrimination in hiring statutes.[1] The Department of Justice should change […]
A Day Late and A Lawsuit Short – The Consequences of Failing to Timely Respond to a Motion for Summary Judgment
Every attorney is familiar with the stress of ensuring compliance with the various filing deadlines of their cases.[1] But sometimes, we watch in confusion as an opposing party’s filing date passes without so much as a peep from the other side. While I’m sure none of the readers of this article have ever missed a […]