Currently pending before the New Jersey State Assembly is a bill proposing to a new division in the Superior Court that would specialize in handling complex business matters. The bill, A-3544, would establish a Commercial and Technology Part of the Law Division. The Bill presently awaits action in the Assembly which is expected to take place in July of 2005. A-3544 was drafted in recognition that the litigation of business, commercial and technology disputes has become a specialized area within the legal profession. If this Bill is passed, particular types of cases will be heard by experienced judges specializing in commercial and technological matters. It is an effort to improve the resolution process of such disputes. The legislation is also aimed at providing consistency, quality and predictability for litigants in these areas. The proposed Commercial and Technology Part of the Law Division would hear matters involving Business and commercial disputes involving contracts; Uniform Commercial Code transactions; banking; insurance; commodities; securities; corporations, including actions concerning corporate trusts affairs; non-profit corporations; partnerships; limited liability entities and associations; business trusts; competition among businesses; business reorganizations; dispositions of businesses; business combinations; shareholder derivative actions; partner and member disputes; securities action; intellectual property matters; the termination of services to a business or an agreement not to compete; employment agreements with an executive officer or manager; disputes involving trade secrets non-compete agreements and other commercial disputes as might be specified by the Rules of the Supreme Court. If the Bill is passed, all matters cognizable in the Commercial and Technology Part are expected to be heard by a Judge without a jury upon all parties agreeing to waive the right to a jury trial. GRSLL&B will continue to monitor the progress of this bill in order to advise its clients of the impact, if any, this proposed new Court division would ultimately have.

– Scott R. Malyk, Esq.