Scott I. Unger
- Indexed articles, last 90 days
- 8
- Latest publication
- Sep 1, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 6, 2026
Latest articles
You Can’t Have It Both Ways: New Jersey Appellate Division Reinforces the Power of Judicial Estoppel (opens the original)
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One of the most effective—but often overlooked—defenses in business litigation is judicial estoppel. A recent published decision from the New Jersey Appellate Division, Hacker v. Jaime-Valdez (A-2886-22, decided June 13, 2025), serves as an important reminder that litigants cannot tell one court one thing to obtain a favorable ruling and then take the exact opposite position later when it becomes advantageous. Although Hacker arose from an automobile accident and bankruptcy proceeding, the court
When an Oral Business Deal Goes Bad: Lessons From a New Jersey Dispute Over a Book, $42,000 in Presales, and Two Incomplete Contracts (opens the original)
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Business relationships often start with a simple understanding. Someone has an idea. Someone else has the skills, contacts, or platform to help make it happen. The parties agree generally on the work to be done and how they expect to divide the proceeds. They begin performing before anyone insists on a detailed written agreement. That may be enough to get a project off the ground. It is often not enough to resolve the dispute when the relationship breaks down. An unpublished August 25, 2026, dec
One-Sided Arbitration Clauses Are Still Contracts—and Contracts Require Fairness (opens the original)
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Businesses increasingly rely on mediation and arbitration provisions to resolve disputes efficiently and privately. As a commercial litigator, I routinely advise clients on drafting dispute resolution provisions and litigate their enforceability when relationships break down. A recent published decision from the New Jersey Appellate Division serves as an important reminder that while New Jersey strongly favors arbitration, courts will not enforce contract provisions that unfairly tilt the playin
New Jersey’s Anti-SLAPP Law Scores Another Victory: Appellate Division Protects Online Consumer Reviews (opens the original)
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The New Jersey Appellate Division continues to define the scope of the Uniform Public Expression Protection Act (UPEPA)—New Jersey’s Anti-SLAPP statute—and its latest published opinion delivers an important message: dissatisfied customers generally have the right to express their opinions online without fear of retaliatory litigation. In Lento Law Group, P.C. v. Hendrickson, the Appellate Division affirmed the dismissal of a law firm’s defamation lawsuit against a former client who posted a one-
Five Warning Signs Your Business Partner Is Preparing for Litigation—And What You Should Do (opens the original)
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Most business divorces do not begin with a lawsuit. They begin with subtle changes in behavior. For months—or even years—business partners may disagree about strategy, compensation, management, or the future of the company. Healthy businesses survive disagreements every day. The difference is that, at some point, one partner may stop trying to solve the problem and begin preparing to win it in court. Recognizing those warning signs early can make a significant difference. More importantly, how y
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