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Scott I. Unger is a member of Stark & Stark’s Litigation Group, where he concentrates his practice on litigation arising out of business and commercial disputes. Mr. Unger regularly counsels business owners on the prosecution and defense of minority oppression litigation (corporate divorces), breach of contract cases, uniform commercial code (U.C.C.) litigation, consumer fraud claims, appellate practice, employment, and estate litigation.

On August 27, 2020, eight Nebraska football players commenced litigation against the Big Ten Conference in the District Court of Lancaster County, Nebraska. The lawsuit asserts that the Big Ten Conference’s cancellation or possible delay of the 2020 college football season was “arbitrary and capricious.” In support of the same, the student-athletes point to the SEC’s, Big 12’s and ACC’s decisions to move forward with their college football seasons.

Continue Reading Eight Nebraska Football Players Commence Litigation Against the Big Ten Seeking Reinstatement of Their Season and Monetary Damages

New Jersey Attorney General, Gurbir Grewal, directed all New Jersey law enforcement agencies to disclose the names of officers who have been fired, demoted or suspended for more than five days. The directive requires the disclosure of fired, demoted or suspended officers names by the end of the year. The directive further mandates the ongoing release of this information.

Continue Reading New Jersey Attorney General Orders the Release of Police Officers’ Names Who Committed Serious Misconduct

With each passing day, we are one step closer to finding a vaccine that will bring this devastating chapter in our personal, and business lives to a conclusion. Until that day comes, there are multiple steps businesses should take in order to protect the health and safety of employees, and customers while ensuring the survival of your business.

Continue Reading 5 Things to Keep in Mind for Your Business During the Coronavirus Pandemic

Like most trying times, the Coronavirus brings out the best and worst. Unfortunately, criminals are targeting the federal stimulus money that has been distributed to qualified Americans. According to the FBI, scammers are leveraging the COVID-19 pandemic to steal victim’s money and personal information. There has been an alarming surge in the number of scam phone calls, text messages, social media scams, and emails. The FBI is receiving between 3,000 and 4,000, complaints a day through its internet portal.

Continue Reading Watch out for Coronavirus Scams

As I’ve stated in previous blog postings, business divorce or oppression cases usually end with one side buying the other out. Hence, valuation of the subject company is often one of the central issues in the case. Clearly, the coronavirus has negatively impacted a lot of closely held companies. Coronavirus has and will likely affect the valuation of the small businesses that are often ripe for disputes between the shareholders, partners, or members.

Continue Reading Coronavirus is Likely to Affect Business Valuations in Business Divorce Litigation

If you are reading this blog post, it is extremely likely that you are reading it on a personal computer at home, on your office computer, on your smart phone, or on all of the above. It is without question that the invention of computers has changed our lives. What was impossible even five years ago is now considered “normal.” For example, I have written this very blog post while seamlessly working remotely from home because my law firm, Stark & Stark, has provided me with the tools and resources to do so. Thankfully, I am able to utilize this technology while my firm protects me and my colleagues from COVID-19.

Continue Reading Computer Related Offense Act Protects Individuals and Companies

Business break-up cases require a complex, interdisciplinary approach to solving problems associated with the fractured relationships between the owners of a closely held company. A business divorce attorney must have an in-depth knowledge of corporate, employment, contract, and business tort law. It is important when selecting an attorney to represent you or your company in a shareholder or member oppression case that you select someone who knows more than simply corporate divorce law.

Continue Reading Business Divorce Cases Often Involve Complex Non-Corporate Issues

Terminating an employee who is subject to a restrictive covenant may void that agreement in states that permit and enforce them. For example, New York law provides that an employer cannot enforce a restrictive covenant if it terminated the employee. See, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D. 3d 508 (N.Y. App. Div. 2016).

The law in New Jersey is unsettled at this time, but if the employer terminates an employee because of the coronavirus, I believe it is likely that New Jersey courts will not enforce the agreement at this time. An employee’s covenant not to compete is enforceable only if it is reasonable under all the circumstances in a particular case. Maw v. Advanced Clinical Commc’ns, Inc. 179 N.J. 439, 447 (2004).


Continue Reading Termination of Employees with Restrictive Covenants Could Negatively Affect Enforcement

Contract law offers contracting parties a defense against performing under a contract where the fulfillment becomes impossible due to unforeseen events outside the parties control. These unforeseen events are often called “force majeure” or “acts of god.” With each passing day, the government, in response to COVID-19, is imposing more restrictive containment measures. These measures are likely to affect the parties’ workforce and supplies needed to perform the contract.

Continue Reading Will the Coronavirus Be Deemed a Force Majeure Event and If So, How Will That Effect You?

The House of Representatives passed legislation aimed at mitigating the economic impact of the coronavirus by providing financial assistance to businesses and individuals. Assuming the bill is passed by the Senate early next week and signed into law by President Trump, the law would ensure that workers can take paid or sick leave. The bill also bolsters unemployment insurance and guarantees that all Americans receive free diagnostic testing for coronavirus.

The potential economic fallout from coronavirus is unknown at this time.


Continue Reading House Passes Bill to Address Coronavirus – Now It’s Our Turn to Do Our Part