Paul C. Jensen Jr.

Paul C. Jensen Jr.

FOLKMAN LAW OFFICES, PC
  • Personal Injury, Employment Law, Legal Malpractice ...
  • Connecticut, New Jersey, New York, Pennsylvania
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Biography

Attorney Paul Jensen is an experienced civil trial attorney with experience representing clients in state and federal courts, as well as in arbitration and mediation proceedings. Attorney Jensen focuses his practice on complex commercial and business litigation, employment litigation, personal injury, professional malpractice, and residential real estate.

Practice Areas
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Employment Law
    Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
    Legal Malpractice
    Business Law
    Business Contracts, Business Dissolution, Business Litigation, Franchising, Partnership & Shareholder Disputes
    Real Estate Law
    Residential Real Estate
Fees
  • Not Currently Accepting Clients
Jurisdictions Admitted to Practice
Connecticut
State of Connecticut Judicial Branch
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New Jersey
New Jersey Courts
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New York
New York State Office of Court Administration
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Pennsylvania
Disciplinary Board of the Supreme Court of Pennsylvania
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Languages
  • English: Spoken, Written
Professional Experience
Of Counsel
FOLKMAN LAW OFFICES, PC
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Associate
FOLKMAN LAW OFFICES, PC
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• Focused practice on business torts and commercial litigation, employment discrimination, contract disputes, professional negligence, and personal injury. • Successes include: o Trying several personal injury cases through arbitration and jury verdict. o Negotiating a $4.2 million settlement on behalf of an oppressed stakeholder in a closely-held business. o Successfully appealing a trial court’s denial of a motion to enforce a settlement agreement. o Obtaining a permanent restraining order in federal court against a law firm that purchased a competitor’s Google AdWords. o Defending a corporate client in a federal action alleging violations of the Defend Trade Secrets Act.
Education
Rutgers School of Law-Camden
J.D.
Honors: Pro Bono Mediation Project
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Fairfield University
B.A. | History and Philosophy
Honors: President, Debate Team, Phi Sigma Tau, International Honor Society in Philosophy
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Professional Associations
Connecticut Trial Lawyers Association
Member
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Publications
Speaking Engagements
The Judiciary View, NJAJ Boardwalk Seminar, Atlantic City, New Jersey
New Jersey Association for Justice
Moderator
Evidentiary Issues in Business Torts, NJAJ Boardwalk Seminar, Atlantic City, New Jersey
New Jersey Association for Justice
Legal Answers
5 Questions Answered
Q. If I have a restraint of trade can I leave and work for someone else?
A: It depends. In jurisdictions where restrictive covenants are enforceable, they are generally only enforceable where the terms are reasonable. For instance, a non-competition agreement that is reasonable as to time, geography, and activities restricted will likely be enforced. Likewise, a non-solicitation agreement that explicitly states what employees or customers are restricted will likely be enforced. To the extent that you take the new offer, and your current employer feels that you are violating, or are likely to violate, the terms of your restrictive covenant, they may file a lawsuit naming you and your new employer as defendants. Therefore, as a practical matter, you should advise the company that approached you that you are subject to a restrictive covenant and provide them with a copy of the covenant. The new company could then evaluate whether their offer would violate the agreement, and, if so, potentially negotiate with your present company for a release. I would also recommend that you hire a lawyer in your jurisdiction to review the terms of your restrictive covenant, and potentially negotiate with your present employer. The above information is intended for informational purposes only, and should not be used as legal advice applicable to the reader’s specific situation. The provision of this information to the reader in no way constitutes an attorney-client relationship.
Q. Noncompete enforceable? Sold my Georgia business, sale contract says Pennsylvania jurisdiction, 4 employees in GA now
A: It depends. Both Georgia and Pennsylvania courts will enforce valid restrictive covenants. Generally, to be enforceable, non-compete agreements must be reasonable as to time, geography, and activities restricted. In addition, courts are generally more tolerant of broad restrictions in a non-compete agreement executed in connection with the sale of a business than in and ordinary employer-employee context. Likewise, in all but the most unusual cases, courts will uphold a choice of forum clause in a contract. Based upon your question, it appears you believe that the purchaser is in material breach of the agreement of sale. Therefore, I would highly recommend retaining a lawyer in your jurisdiction to review the agreement and the facts of your case to determine the appropriate course of action, including what forum in which to bring any potential action. The above information is intended for informational purposes only, and should not be used as legal advice applicable to the reader’s specific situation. The provision of this information to the reader in no way constitutes an attorney-client relationship.
Q. We are having a civil matter with the management in our apartment complex. The tenant below us smokes inside, and the
A: You may have a claim for constructive eviction. Connecticut law provides that your landlord has the obligation to ensure that conditions do not render your unit "unfit or uninhabitable." Conn. Gen. Stat. Ann. § 47a-7(a). Connecticut courts recognize that "[a]ny disturbance of the tenant's possession by the landlord whereby the premises are rendered unfit or unsuitable for occupancy, in whole or in part, for the purposes for which they were leased amounts to a constructive eviction." Welsch v. Groat, 95 Conn. App. 658, 663 n.7, 897 A.2d 710, 714 n.7 (2006) (citation omitted). "In addition to proving that the premises are untenantable, a party pleading constructive eviction must prove that (1) the problem was caused by the landlord, (2) the tenant vacated the premises because of the problem, and (3) the tenant did not vacate until after giving the landlord reasonable time to correct the problem." Baretta v. T & T Structural, 42 Conn. App. 522, 526, 681 A.2d 359, 362 (1996) (citation omitted). Whether secondhand smoke renders your unit unfit and uninhabitable is fact-sensitive. In Poyck v. Bryant, a New York landlord-tenant court held that "secondhand smoke emanating from a neighbor . . . can be grounds for a constructive eviction." Poyck v. Bryant, 700, 820 N.Y.S.2d 774, 775-77 (Civ. Ct. 2006). I would recommend consulting with a landlord-tenant lawyer to determine if you are entitled to terminate your lease, vacate the premises, and potentially seek damages from your landlord as a result of the second-hand smoke. The above information is intended for informational purposes only, and should not be used as legal advice applicable to the reader’s specific situation. The provision of this information to the reader in no way constitutes an attorney-client relationship.
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Contact & Map
Jensen Chartered, PLLC
153 Boston Post Road #125
East Lyme, CT 06333
Telephone: (860) 333-9532
Fax: (860) 438-8022
Monday: 8 AM - 6 PM
Tuesday: 8 AM - 6 PM
Wednesday: 8 AM - 6 PM
Thursday: 8 AM - 6 PM
Friday: 8 AM - 6 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: Available for virtual consultations.
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