Business Law
Contact Fredrick P. Niemann Esq., an Accomplished New Jersey Business Law Attorney
Business can be described as a complicated maze. Having a navigator to guide you through this complicated maze can make all the difference. Fredrick P. Niemann, of the law firm Hanlon Niemann, is an experienced lawyer throughout New Jersey, for both businessmen and businesswomen.
"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
HAVING AN EXPERIENCED BUSINESS LAWYER MAKES ALL THE DIFFERENCE
The law firm of Hanlon Niemann prides itself in having represented all types of businesses for over 30 years. In addition to representing numerous small and medium-sized businesses, Mr. Niemann has representing owners, management, and employees in a wide-range of legal matters affecting their businesses.
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Business Related Sites:
Do you have a 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.
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:
FREDRICK P. NIEMANN, ESQ. IS SEASONED IN THE PRACTICE OF NEW JERSEY BUSINESS LAW
Mr. Niemann has handled many aspects of business law, ranging from business formation of corporations, limited liability companies (LLC’s), and partnerships to business sales and purchases (including asset sales and securities purchases). He has litigated and mediated various business disputes, including contract actions, business fraud, interference with business relations, commercial real estate lease preparation/review, landlord tenant disputes, and franchise agreements. Mr. Niemann is also experienced in handling issues dealing with franchising, as well as employment and severance agreements, and business succession planning for families and/or key business people. He and his staff pride themselves on being practical and straightforward with you. He also promises to budget the firm’s services for you, so you will never be blind-sided.
Business Formation and Startup.
Determining which type of business entity is proper for you is key, whether it be a corporation, partnership, LLC, or another form. Mr. Niemann will help you to choose the business form best for you. He will also assist with, if necessary, tax advisors in making sure you use the tax code in a careful manner, strengthening your business. At Hanlon Niemann, the goal is to minimize your risk and liability while maximizing your overall success and profitability.
Business Planning
Mr. Niemann has extensive experience in counseling businesses on daily issues affecting your ability to have a successful business. Planning is a marathon, not a sprint. While it starts when you create your business, planning must continue throughout the years, changing as both your business and the economy changes. Mr. Niemann will help you plan for growth, profitability, employment issues, tax consequences, and various other aspects. It is important that you are assisted by an experienced business law attorney, as the goals of your business will undoubtedly change throughout the years and an experienced attorney will know how to react when both your business and the economy are adapting. Mr. Niemann has seen a lot, so he knows what to look for and how to react to changes that either promote or hinder your business opportunities. Visit www.njbusinesslawattorney.com to learn more.
Planning for Business Succession
When an owner, partner, manager, employee, or other member of a business withdraws, transfer of ownership interest may affect your business. It is important you have a proper succession plan in place, so that in the event of a death, disability, or retirement, your business does not suffer and continues traveling down the road to success. A veteran business law attorney who understands business succession planning will help you address the tax and estate issues that accompany such a withdrawal, as well as help you establish a viable succession plan that will effectively minimize future disputes over interest in the business.
Small, closely held businesses
Closely held businesses and corporations are those which involve family-members and/or a limited number of owners or shareholders. Due to the small number and personal relationships of the owners, these businesses require special attention to both the details and operations of the business. They also require a unique concentration on the personalities and relationships of their owners/shareholders. Fredrick Niemann is accustomed to dealing with these types of businesses.
Liability of Directors and Officers
When a director or officer of a business takes part in an illegal action or one that damages the business, they can, under certain circumstances, be exposed to personal liability for their actions. Generally speaking, corporations offer protections for directors and officers for their actions if they are related to the business. Occasionally however, a plaintiff is able to “pierce the corporate veil”, meaning they can go after the director or officer personally and be awarded money from not just the business, but from the director or officer himself as well. As a director, officer, or owner of a business, it is important you seek the services of an attorney who is informed in this area of business law. An experienced attorney will be able to tell you what actions you can and cannot take in your business capacity in order to protect your personal bank account from business related liability.
Visit www.newjerseycorporationlawattorney.com to learn more.
IMPORTANT AREAS OF EXPERTISE WITHIN BUSINESS LAW
Piercing the Corporate Veil and Personal liability of a New Jersey Business
Arguably the biggest risk a New Jersey business owner, officer, or director can be exposed to is personal liability for corporate actions. Sometimes, the courts will allow a plaintiff to receive compensation for injuries from the individual finances of these business players, rather than solely from the company finances themselves. When does this occur?
When a business presents itself in a manner that is indistinguishable from its owners, the courts will not allow the owners of the business to protect themselves behind the limited liability shield of the business. All owners must therefore take the proper steps to keep their personal lives and their businesses separate. Additionally, if a business is formed for fraudulent purposes, courts will find the owners personally liable. An owner cannot hide behind the corporate veil if such a veil was formed to perform fraudulent acts. Finally, a business that fails to follow proper corporate formalities in basic areas such as record-keeping and decision-making procedures can find its owners, directors, or officers personally liable.
- Example: Ethan runs an auto-body shop. He places all revenue from the auto-body shop into his own personal banking account. Additionally, he signs contracts using his own name, rather than the business name. Since he only employs himself and his cousin, he doesn’t bother to keep records, instead paying himself and his cousin cash from the proceeds they make fixing the cars. If Ethan were to commit a breach of contract with a customer, the plaintiff would be able to pierce the corporate veil, making Ethan personally liable for such a breach. He would not be able to claim limited liability based on the business breaching the contract.
Fredrick Niemann has dealt with both sides of the piercing of the corporate veil by a breach of contract. Whether you are a business owner seeking to avoid personal liability and want to know what steps you should take, or is the victim of an illegal act by someone attempting to hide behind a business shield, you owe it to yourself to hire an experienced business law attorney to assist you.
Contracts, Employment Policies, and Other Agreements
In today’s economy, clearly written contracts, agreements, and employment policies are a must for a variety of reasons. It is important to have an attorney who knows what exactly needs to be written down to help you avoid liability.
- Contracts. Fredrick P. Niemann and his staff have written, reviewed, and negotiated every type of contract there is. Whether it be for goods, services, employment, licensing, or any other type of agreement, they have seen and done it all. Contracts define and control your business. Let them help you make sure what needs to be written down IS written down. Visit www.njcontractattorney.com to learn more.
- Non-competition Agreements. Are you concerned about protecting your valuable trade secrets? Does the possibility of a key employee leaving your company and competing against you scare you? New Jersey allows you to restrict your current employees from competing against you in the future, so long as the agreements are reasonable. Mr. Niemann has been directly involved with numerous non-competition agreements. He knows what the courts will view as reasonable and what they will view as unreasonable. Please allow them to assist you and your business in preparing a comprehensive, well-thought out restrictive covenant that protects your interests, but is not overbroad too much so that the courts will reject it. Visit www.attorney.com to learn more.
- Employment Policies and Employment Law. 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, whether it be intentional or innocent, and your business is threatened from not only the employees affected, but the regulatory state agencies that oversee jurisdiction of employment law and practices. Fredrick Niemann and the attorneys at Hanlon Niemann 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. They have experience and expertise in the real world of business. Visit www.njemploymentlawattorney.com to learn more.