McCarter & English, LLP

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Four Gateway Center
100 Mulberry St.
Newark, NJ 07102, United States
Phone: 973.622.4444
Fax: 973.624.7070
Practice Groups
Areas of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Class Action
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • Delaware
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
400+ Attorneys

Third Circuit Ruling Impacts Oil & Gas Industry

The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers. Applying Delaware law, the Third Circuit explained that the upstream producers…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Energy Sector, Oil & Gas

See all updates »

Delaware Supreme Court Redefines Contractual Good-Faith Standard and Cautions Limited Partners That Their Obligations Under the LPA Can Be Enlarged without Their Consent

Brinckerhoff v. Enbridge Energy Company Inc., Del. Supr., No. 273, 2016 (Mar. 20, 2017; revised Mar. 28, 2017) is the fifth opinion issued by the Delaware courts relating to the joint venture between Enbridge, Inc. (Enbridge),…more

General Partnerships, Good Faith, Limited Partnership Agreements, Limited Partnerships, Master Limited Partnerships

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Supreme Court Clears the Path for More Enhanced Damages Awards in Halo

In recent years, the Supreme Court has repeatedly rejected the Federal Circuit’s strict tests concerning monetary relief in patent cases in favor of more fluid standards that commit discretion to the district courts. In Octane…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Highmark v. Allcare

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

Patient Protection and Affordable Care Act Deadline Looms: Here’s What Employers Need to Do

As the October 1, 2013, deadline for compliance with certain notification requirements mandated by the Patient Protection and Affordable Care Act (PPACA) approaches, employers are grappling with questions about their obligations…more

Affordable Care Act, COBRA, Deadlines, DOL, Employer Mandates

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

When NJ Banks Are Liable For 3rd-Party Fiduciary Breach

Originally published in Law360, New York on January 29, 2013. Banks, broker/dealers and other financial institutions often are the subject of claims by noncustomer investors, businesses, and estate and trust…more

Bad Faith, Fiduciary Duty, Financial Institutions, Misappropriation, Third-Party

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Additional Regulatory Hurdles for Private Equity Advisers

The private equity industry should carefully consider the implications of a recent Securities and Exchange Commission ("SEC") enforcement action. In it, the SEC, for the first time, sanctioned an SEC-registered private equity…more

Enforcement Actions, Investment Advisers Act of 1940, Leveraged Buyout, Neither Admit Nor Deny Settlements, Offsets

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Final Issue Price Regulations Present Municipal Industry Challenges (and 180 Days to Overcome Them)

The Internal Revenue Service promulgated final Issue Price Regulations under Section 148 of the Internal Revenue Code of 1986, as amended, that were published in the Federal Register on December 9, 2016. The new regulations will…more

Bond Issuers, Final Rules, IRS, Issue Price, Municipal Bonds

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New York Employers Should Get Ready For New Paid Family Leave Law, May Begin Payroll Deductions Now

New York recently enacted the New York Paid Family Leave Law (PFL), which will require New York employers to fund a new state family leave program that is broader reaching than the federal Family and Medical Leave Act (FMLA) in…more

Employer Liability Issues, FMLA, Local Ordinance, Paid Family Leave Law, Paid Leave

See all updates »

IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more

IRS, Private Letter Rulings, Qualified Retirement Plans, Revenue Procedure 2016-47

See all updates »

Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and…more

American Institute of Architects, Construction Industry, Construction Project, New Guidance, Port Authority

See all updates »

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Acquisitions, Advancement, Anti-Reliance Clauses, Appraisal, Bad Faith

See all updates »

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific…more

BNSF Railway Co v Tyrrell, Bristol-Myers Squibb, Forum, General Jurisdiction, Jurisdiction

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IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more

IRS, Private Letter Rulings, Qualified Retirement Plans, Revenue Procedure 2016-47

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS 252.227-7014…more

Conditions or Restrictions on Practice, Department of Defense (DOD), DFARS, Federal Contractors, License Agreements

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U.S. Senate’s Energy And Natural Resources Committee Hears Testimony Of FERC Nominees, Begins Process To Reestablish Needed FERC Quorum

Federal Energy Regulatory Commission nominees Robert Powelson and Neil Chatterjee testified yesterday before the U.S. Senate Committee on Energy and Natural Resources. The two Republican nominees—Mr. Powelson, Chairman of the…more

Administrative Appointments, Energy Sector, FERC, Trump Administration

See all updates »

New retainage law goes into effect November 6

Massachusetts enacted a new retainage law that will require owners, prime contractors and subcontractors to pay retainage according to the law’s terms on a construction contract if... …more

Construction Contracts, Construction Industry, Contractors, Lenders, Property Owners

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Court Extends Kemper Insurance Company’s Contingent Claims Filing Deadline

On November 2, 2015, the Circuit Court of Cook County, Illinois, entered an order granting a one-year extension of the deadline for filing proof of liquidation of an insured’s contingent claim for losses associated with…more

Filing Deadlines, Insureds, Liquidation, Loss Coverage, Time Extensions

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

See all updates »

Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy…more

Class Action, Commercial General Liability Policies, Confidential Information, Cyber Insurance, Data Breach

See all updates »

A Quick Look at the New Trademark Trial and Appeal Board Rules

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or…more

Administrative Proceedings, Appeals, B&B Hardware v Hargis Industries, Discovery, Ex Parte

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

Regulating Your Grocery Cart: The Push for GMO Labeling

If you produce, manufacture, sell, or distribute food products, you may be affected by the various state laws concerning the labeling of certain foods derived from genetically modified organisms (“GMO”). In particular, you…more

FDA, Food Labeling, GMO

See all updates »

Universities Are Prime Targets for False Claims Act Liability

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a…more

Colleges, DOJ, Educational Institutions, False Claims Act (FCA), False-Certification of Conformance

See all updates »

Can Solar Reboot Your Coal-Fired Plant Site?

The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site…more

Coal-Fired Plants, Community Shared Solar, Interconnections, Net Metering, Photovoltaic

See all updates »

IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more

IRS, Private Letter Rulings, Qualified Retirement Plans, Revenue Procedure 2016-47

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

Coal Plant Shutdown: Owners and Operators Need Vision – Part II

Owners and operators planning a plant shutdown benefit from developing a forward-looking "Vision" of their plant site. The Vision is a well-developed plan for the eventual reuse of the plant property that includes not only the…more

Coal Industry, Energy Sector, Power Plants

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Generators of Regulated Medical Waste in New Jersey Must Meet Federal Standards After Preemptions

Generators of regulated medical waste (RMW) in New Jersey may need to revise their handling, marking and storage practices and procedures to meet federal hazardous materials requirements (49 CFR parts 171-180) (the federal HMRs)…more

Department of Environmental Protection, Department of Transportation (DOT), Hazardous Waste, Labeling, PHMSA

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act

Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of…more

Contaminated Properties, Contribution Claims, Environmental Remediation Costs, Spill Act, Statute of Limitations

See all updates »

Delaware Law Updates – Delaware Court Of Chancery Provides Clarity On The “Quasi-Appraisal” Remedy And Post-Closing Claims

On May 11, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed with prejudice a putative class action brought by stockholders of networking solutions in In re Cyan, Inc. Stockholders Litigation.[1] The…more

Board of Directors, Breach of Duty, Business Judgment Rule, Corporate Counsel, Fiduciary Duty

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Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and…more

American Institute of Architects, Construction Industry, Construction Project, New Guidance, Port Authority

See all updates »

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

See all updates »

Restrictions on the Sale or Transfer of Assets of Not-for-Profit Debtors

Originally published in the New Jersey Law Journal - Vol. 211 - No 5 Monday, February 4, 2013. In 2012, a number of not-for-profit entities, including religious institutions, filed for bankruptcy relief in New Jersey. While…more

Charitable Organizations, Debtors, Reorganizations, Transfer of Assets

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New Jersey Property Tax Appeal Time

It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2016 appeal. If you own real…more

Fair Market Value, Investment Property, Property Owners, Property Tax, Tax Appeals

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Coal Plant Shutdowns: The Tax Appeal Should Not Wait

Nothing is certain except death and taxes, unless you own a coal-fired power plant with a shutdown in its future, in which case – with apologies to Ben Franklin – we would also add the certainty of a property tax appeal. Host…more

Appeals, Coal-Fired Plants, Power Plants, Property Tax

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New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Universities Are Prime Targets for False Claims Act Liability

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a…more

Colleges, DOJ, Educational Institutions, False Claims Act (FCA), False-Certification of Conformance

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

New Fund Presents Opportunity For Local Proponents Of Zero-Emission Vehicles And Related Infrastructure

States, local governments, and businesses interested in zero-emission vehicles—such as electric cars—may get a needed boost from the Zero-Emission Vehicle (ZEV) Investment Fund. This fund was established in the wake of the…more

Investment Funds, State and Local Government, Zero-Emission Vehicles

See all updates »

A Quick Look at the New Trademark Trial and Appeal Board Rules

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or…more

Administrative Proceedings, Appeals, B&B Hardware v Hargis Industries, Discovery, Ex Parte

See all updates »

Connecticut’s new personnel file law takes effect tomorrow: are you prepared?

Connecticut’s Public Act 13-176, An Act Concerning Employee Access to Personnel Files, goes into effect on October 1. The new law amends Connecticut’s employee personnel file law and changes employers’ obligations and the…more

Employee Rights, Penalties, Personnel Records, Right of Access

See all updates »

Losing The Home-Team Advantage – The Supreme Court’s Narrowing of the Doctrine of General Personal Jurisdiction and its Impact on Patent Declaratory Judgment Actions

A recent Supreme Court opinion in a non-patent case, Daimler AG v. Bauman, likely will have a far-reaching impact on the prevalence of patent declaratory judgment actions. In the past, an accused patent infringer often could…more

DaimlerChrysler v Bauman, Declaratory Judgments, Jurisdiction, Patent Infringement, Patent Litigation

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Significant Changes to Massachusetts Site Remediation Regulations

The Massachusetts Department of Environmental Protection (DEP) has made significant changes to the regulations governing the cleanup of contaminated sites in the Commonwealth (310 C.M.R. §§40.0000, et seq., known as the…more

Contaminated Properties, Environmental Policies, Environmental Remediation Costs, Hazardous Substances

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Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Reach of New Jersey Franchise Practices Act Continues to Expand

On March 13, 2013, the United States District Court, District of New Jersey, in Strassle v. Bimbo Foods Bakeries Distrib., Inc., No. 12-3313 (Mar. 13, 2013), held that a distribution agreement may be subject to the New Jersey…more

Distribution Rules, Distributors, Franchise Agreements, Franchises

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New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

SEC Releases Proposed Rules for Regulation A+ under the JOBS Act: A Promising and Innovative Route to Capital Formation for Young Companies

The SEC has released long-awaited proposed rules to implement Title IV of the JOBS Act, now known as Regulation A+. This regulation could bridge a difficult gap for small companies looking to raise capital. If your company has a…more

IPO, JOBS Act, Regulation A, SEC, Startups

See all updates »

Shrinking Regulation in the New Administration

Donald Trump campaigned on reducing regulation by identifying and removing all “needless job-killing regulations.” One particular pledge is, superficially, both appealing and simple: eliminate two regulations for each new…more

Executive Orders, Exemptions, OMB, Public Agencies, Regulatory Burden

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Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and…more

American Institute of Architects, Construction Industry, Construction Project, New Guidance, Port Authority

See all updates »

Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export Violations

Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is ap???????, transliterated to apokálypsi, or “apocalypse.” Nomen…more

Arms Export Control Act, Criminal Prosecution, Data Breach, DDTC, Department of Defense (DOD)

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Hart-Scott-Rodino Thresholds to Increase Effective February 25, 2016

The Federal Trade Commission (“FTC”) has announced revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), that will go into effect on February 25, 2016. The revised thresholds…more

DOJ, Exemptions, Filing Fees, FTC, Hart-Scott-Rodino Act

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Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right All Along

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to…more

Board of Contract Appeals, Construction Contracts, Contract Disputes Act, COOs, Damages

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Court Clarifies Law on Enforceability of Obligations of Non-Signatories in Private Mergers

In a fact-specific case with potential ramifications for future mergers under Delaware law, Cigna Health and Life Insurance Co., a preferred stockholder of Audax Health Solutions Inc., whose shares were extinguished by a merger…more

CIGNA, Insurance Industry, Mergers

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SEC Releases Proposed Rules for Regulation A+ under the JOBS Act: A Promising and Innovative Route to Capital Formation for Young Companies

The SEC has released long-awaited proposed rules to implement Title IV of the JOBS Act, now known as Regulation A+. This regulation could bridge a difficult gap for small companies looking to raise capital. If your company has a…more

IPO, JOBS Act, Regulation A, SEC, Startups

See all updates »

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

See all updates »

IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more

IRS, Private Letter Rulings, Qualified Retirement Plans, Revenue Procedure 2016-47

See all updates »

New Fund Presents Opportunity For Local Proponents Of Zero-Emission Vehicles And Related Infrastructure

States, local governments, and businesses interested in zero-emission vehicles—such as electric cars—may get a needed boost from the Zero-Emission Vehicle (ZEV) Investment Fund. This fund was established in the wake of the…more

Investment Funds, State and Local Government, Zero-Emission Vehicles

See all updates »

The State of Venture Capital in 2017

After three years of strong growth, venture capital financing activity slowed noticeably in 2016. According to data published by Pitchbook and the National Venture Capital Association, companies raised $69.1 Billion in 2016 from…more

Angel Investors, Capital Raising, Crowdfunding, Financing, Popular

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Connecticut’s new personnel file law takes effect tomorrow: are you prepared?

Connecticut’s Public Act 13-176, An Act Concerning Employee Access to Personnel Files, goes into effect on October 1. The new law amends Connecticut’s employee personnel file law and changes employers’ obligations and the…more

Employee Rights, Penalties, Personnel Records, Right of Access

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Clinton or Trump? On Energy, the Choice Is Natural Gas

Natural gas will be the clear winner whether you vote for Hillary Clinton or Donald Trump in the upcoming presidential election. While their proposed energy plans are widely different—Clinton is calling for major investments in…more

Clean Power Plan, Coal Industry, Energy Policy, Exports, Hillary Clinton

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USDA Increases Options for Organic Crop Coverage

The U.S. Department of Agriculture (USDA) has expanded the protection available under crop insurance policies for farmers growing organic crops. The USDA announced last week that farmers transitioning from the production of…more

Contract Price, Crop Insurance, Organic, Premium Subsidies, Risk Management

See all updates »

Foreign Brokers Doing Business in the United States

Foreign brokers that engage in securities transactions with U.S. investors based in the United States must be registered with the Securities and Exchange Commission (SEC). There are two major exceptions to this rule. The first…more

Brokers, Enforcement Actions, Foreign Nationals, Institutional Investment, SEC

See all updates »

The Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy

In Capstone Building Corp. v. American Motorists Insurance Co., 67 A.3d 961 (Conn. 2013), the Supreme Court of Connecticut held, in a case of first impression, that commercial general liability insurance policies may cover…more

Commercial General Liability Policies, Construction Defects, Construction Disputes, Negligent Construction

See all updates »

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

See all updates »

House Wants Uncle Sam To Purchase COTS Items From Amazon And Other Online Sellers

The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result in…more

Amazon, Federal Contractors, Federal Supply Schedule (FSS), GAO, General Services Administration (GSA)

See all updates »

Foreign Brokers Doing Business in the United States

Foreign brokers that engage in securities transactions with U.S. investors based in the United States must be registered with the Securities and Exchange Commission (SEC). There are two major exceptions to this rule. The first…more

Brokers, Enforcement Actions, Foreign Nationals, Institutional Investment, SEC

See all updates »

2013 Estate Planning Update

As 2012 drew to a close, your estate planning attorney's attention was diverted from the ball drop in Times Square to whether Congress would drop the ball with respect to the fiscal cliff. Congress, however, passed the American…more

American Taxpayer Relief Act, Estate Planning, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Acquisitions, Advancement, Anti-Reliance Clauses, Appraisal, Bad Faith

See all updates »

Your New ®Ight To Disparage – A Look Inside “The Slants” Lanham Act Decision

The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled that…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more

IRS, Private Letter Rulings, Qualified Retirement Plans, Revenue Procedure 2016-47

See all updates »

U.S. Senate’s Energy And Natural Resources Committee Hears Testimony Of FERC Nominees, Begins Process To Reestablish Needed FERC Quorum

Federal Energy Regulatory Commission nominees Robert Powelson and Neil Chatterjee testified yesterday before the U.S. Senate Committee on Energy and Natural Resources. The two Republican nominees—Mr. Powelson, Chairman of the…more

Administrative Appointments, Energy Sector, FERC, Trump Administration

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

See all updates »

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act

Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of…more

Contaminated Properties, Contribution Claims, Environmental Remediation Costs, Spill Act, Statute of Limitations

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Hart-Scott-Rodino Thresholds to Increase Effective February 25, 2016

The Federal Trade Commission (“FTC”) has announced revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), that will go into effect on February 25, 2016. The revised thresholds…more

DOJ, Exemptions, Filing Fees, FTC, Hart-Scott-Rodino Act

See all updates »

Bitcoin Does Not Need a Ban, It Needs Enlightened Regulation

If an outright ban of Bitcoin is not the correct approach, what is? More to the point, what does Bitcoin (and virtual currency in general) need to for legitimacy?…more

Bitcoin, Legal Perspectives, Virtual Currency

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New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Switches and Sweets: Belsnickel Brings Defense Contractors and Subcontractors New Cybersecurity Controls in Preholiday Revisions of NIST Cybersecurity Publication

If you are aware of German Christmas folklore (and really, who isn’t?), you know that Belsnickel is a legendary companion of St. Nick who carries a switch with which to punish naughty children and a pocketful of sweets to reward…more

Cybersecurity, Defense Contracts, DFARS, Federal Contractors, NIST

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It’s That Time Again! Property Tax Appeals in Connecticut: Know When to File

The deadline for appealing Connecticut local property taxes is approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal…more

Fair Market Value, Filing Deadlines, Property Owners, Property Tax, Tax Appeals

See all updates »

Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and…more

American Institute of Architects, Construction Industry, Construction Project, New Guidance, Port Authority

See all updates »

It’s That Time Again! Property Tax Appeals in Connecticut: Know When to File

The deadline for appealing Connecticut local property taxes is approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal…more

Fair Market Value, Filing Deadlines, Property Owners, Property Tax, Tax Appeals

See all updates »

Federal Contractors and Subcontractors Subject to yet More Mandatory Disclosure Requirements

New FAR Rules and U.S. Department of Labor Guidance Implement the Long-Anticipated (and Much-Dreaded) Fair Pay and Safe Workplaces Executive Order - Burdensome disclosure obligations, pay transparency, and other affirmative…more

DOL, Executive Orders, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

House Wants Uncle Sam To Purchase COTS Items From Amazon And Other Online Sellers

The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result in…more

Amazon, Federal Contractors, Federal Supply Schedule (FSS), GAO, General Services Administration (GSA)

See all updates »

New Rules Assist Federal Small Business Subcontractors

Both prime contractors and small business subcontractors should pay attention to new rules designed to encourage small business subcontracting and influence the administration and content of those contracts. The first, which…more

Accelerated Payments, Contract Drafting, Contractors, SBA, Small Business

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

Qualified Small Business Stock Tax Incentives Made Permanent

What happened? On December 18, Congress passed and the President signed into law the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”), a measure that, among other things, retroactively renews, extends and…more

Early Stage Companies, Gain Exclusion, Qualified Small Business Stock, Startups, Tax Incentives

See all updates »

Connecticut Employers Will Need To Accommodate Pregnant Employees

A new state law that becomes effective October 1, 2017, expands existing legal protections for pregnant employees under federal and state laws and will require employers to pay closer attention to the ways in which they treat…more

ADA, Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

See all updates »

Supreme Court Raises the Bar to Class Certification

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged that…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control…more

Department of Environmental Protection, Environmental Remediation Costs, Equitable Tolling, Oil & Gas, Property Damage

See all updates »

Regulating Your Grocery Cart: The Push for GMO Labeling

If you produce, manufacture, sell, or distribute food products, you may be affected by the various state laws concerning the labeling of certain foods derived from genetically modified organisms (“GMO”). In particular, you…more

FDA, Food Labeling, GMO

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

It’s That Time Again! Property Tax Appeals in Connecticut: Know When to File

The deadline for appealing Connecticut local property taxes is approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal…more

Fair Market Value, Filing Deadlines, Property Owners, Property Tax, Tax Appeals

See all updates »

Third Circuit Nixes Presumption of Irreparable Harm in Comparative False Advertising Cases

Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act…more

Advertising, eBay, eBay Test, False Advertising, Irreparable Harm

See all updates »

Delaware Law Updates - TransPerfect’s Controversial Business Divorce Continues, Illustrating The Need For LLC Operating Agreements

Many have heard of the highly publicized litigation involving TransPerfect Global, Inc. ("TransPerfect" or the "Company"), a Delaware corporation and one of the world’s leading providers of translation and litigation support…more

Business Divorce, Business Litigation, Directors, Limited Liability Company (LLC), Operating Agreements

See all updates »

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Acquisitions, Advancement, Anti-Reliance Clauses, Appraisal, Bad Faith

See all updates »

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

See all updates »

Third Circuit Ruling Impacts Oil & Gas Industry

The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers. Applying Delaware law, the Third Circuit explained that the upstream producers…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Energy Sector, Oil & Gas

See all updates »

Losing The Home-Team Advantage – The Supreme Court’s Narrowing of the Doctrine of General Personal Jurisdiction and its Impact on Patent Declaratory Judgment Actions

A recent Supreme Court opinion in a non-patent case, Daimler AG v. Bauman, likely will have a far-reaching impact on the prevalence of patent declaratory judgment actions. In the past, an accused patent infringer often could…more

DaimlerChrysler v Bauman, Declaratory Judgments, Jurisdiction, Patent Infringement, Patent Litigation

See all updates »

Federal Circuit Rules Launching a Website or Other Advertising Alone Is Not Service Mark “Use”

Executive Summary - Launching a website or other advertising alone is not enough to prove “use” of a service mark. You must actually render the services you claim in connection with your service mark before you file your…more

See all updates »

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and…more

American Institute of Architects, Construction Industry, Construction Project, New Guidance, Port Authority

See all updates »

Employers Gain New Federal Trade Secret Protections, Must Notify Employees to Obtain Certain Remedies

Until now, employers seeking relief for trade secret misappropriation were limited almost exclusively to state law remedies. With the enactment of the Defend Trade Secrets Act (“DTSA”) on May 11, 2016, employers now have federal…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Employment Contract, Ex Parte

See all updates »

Delaware Law Updates – The Steadfast Refusal Of The Delaware Courts To Grant Creditors Quasi-Standing To Assert Fiduciary Claims At Insolvency

In Trusa v. Nepo, et al. (Xion Management, LLC), Del. Ch. C.A. No. 12071-VCMR (April 13, 2107), the Delaware Court of Chancery again fortified the Delaware limited liability company against growing attacks by creditors claiming…more

Breach of Duty, Creditors, Fiduciary Duty, Limited Liability Company (LLC)

See all updates »

Notice 2014-67 ?? Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, CMS, Healthcare, IRS

See all updates »

Shrinking Regulation in the New Administration

Donald Trump campaigned on reducing regulation by identifying and removing all “needless job-killing regulations.” One particular pledge is, superficially, both appealing and simple: eliminate two regulations for each new…more

Executive Orders, Exemptions, OMB, Public Agencies, Regulatory Burden

See all updates »

Federal Circuit Rules Launching a Website or Other Advertising Alone Is Not Service Mark “Use”

Executive Summary - Launching a website or other advertising alone is not enough to prove “use” of a service mark. You must actually render the services you claim in connection with your service mark before you file your…more

See all updates »

SCOTUS Grants Debt Collectors Limited Reprieve

The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”)…more

Bankruptcy Code, Chapter 13, Debt Collection, Debt Collectors, FDCPA

See all updates »

Inter Partes Review Proceedings Continue to Be an Efficient and Effective Way to Address Patent Infringement Allegations in Light of a Recent Federal Circuit Decision

A recent court decision suggests that it may be even easier to invalidate patent claims via a relatively quick proceeding before the U.S. Patent and Trademark Office (“PTO”) – known as inter partes review (“IPR”) – as compared…more

Cuozzo Speed Technologies, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

See all updates »

Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent…more

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

See all updates »

U.S. Supreme Court Upholds Class Action Arbitration Waivers

If you use arbitration clauses to protect your company against class actions, you can breathe a little easier. The U.S. Supreme Court held last week that class action arbitration waiver provisions are enforceable -- even where…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

See all updates »

Pleading Failures Doom Disclosure Claims in Short-Form Merger Case

Vice Chancellor Tamika R. Montgomery-Reeves of the Delaware Court of Chancery (the “Court”) issued a Memorandum Opinion on January 4, 2017, dismissing a lawsuit arising from a short-form merger involving United Capital…more

Appraisal, Breach of Duty, Class Action, Corporate Counsel, Duty to Disclose

See all updates »

An Emerging Trend in Early-Stage Company Financing? – After Years of Growing Ubiquity of Convertible Notes, a Return to Priced Equity Rounds

After years of increasing acceptance of and reliance on convertible note financings as a mechanism for funding early-stage companies, we have noted a clear emerging trend away from such transactions (and others like them,…more

Capital Raising, Conversion, Convertible Debt, Early Stage Companies, Entrepreneurs

See all updates »

An Emerging Trend in Early-Stage Company Financing? – After Years of Growing Ubiquity of Convertible Notes, a Return to Priced Equity Rounds

After years of increasing acceptance of and reliance on convertible note financings as a mechanism for funding early-stage companies, we have noted a clear emerging trend away from such transactions (and others like them,…more

Capital Raising, Conversion, Convertible Debt, Early Stage Companies, Entrepreneurs

See all updates »

Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This point…more

Audio Recording, Employee Rights, NLRA, NLRB, Protected Activity

See all updates »

It’s That Time Again! Tax Appeals in Connecticut: Know When to File

The deadline for appealing Connecticut local property taxes is approaching. If you are considering appealing local property taxes this year, the following is a general explanation of Connecticut’s appeal procedure and deadlines…more

Deadlines, Property Owners, Property Tax, Tax Appeals, Tax Assessment

See all updates »

Academic Institutions Are Under Cyber Attack

Academia’s cyber preparedness (or lack thereof) has received less media attention than that of certain retailers and financial institutions, but nonetheless the cyber risks confronting universities are pervasive and alarming…more

Colleges, Community Colleges, Cyber Attacks, Cyber Threats, Cybersecurity

See all updates »

Third Circuit Provides Guidance To Creditors Seeking Section 503(b)(9) Administrative Expense Status

Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of goods supplied to a debtor prior to a bankruptcy case is an administrative…more

Administrative Expenses, Bankruptcy Code, Creditors, Debtors, Section 503(b)(9)

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Delaware Bankruptcy Court Denies Creditors’ Committee Access To Privileged Documents

In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose…more

Attorney-Client Privilege, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

See all updates »

Plaster of Paris: US Companies Get Wrapped in EU Data Privacy Rules

Have any data on people in the UK or France? New EU data privacy rules will be setting de facto global standards that will apply to US companies, like it or not. Europe’s lawmakers have given a preview of the new General…more

Big Data, Consent, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR)

See all updates »

Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications

In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable?  Have you ever wondered why the Government…more

Bid Protests, Federal Contractors, GAO, Request for Proposals, Technical Standards

See all updates »

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Acquisitions, Advancement, Anti-Reliance Clauses, Appraisal, Bad Faith

See all updates »

Foreign Brokers Doing Business in the United States

Foreign brokers that engage in securities transactions with U.S. investors based in the United States must be registered with the Securities and Exchange Commission (SEC). There are two major exceptions to this rule. The first…more

Brokers, Enforcement Actions, Foreign Nationals, Institutional Investment, SEC

See all updates »

An Emerging Trend in Early-Stage Company Financing? – After Years of Growing Ubiquity of Convertible Notes, a Return to Priced Equity Rounds

After years of increasing acceptance of and reliance on convertible note financings as a mechanism for funding early-stage companies, we have noted a clear emerging trend away from such transactions (and others like them,…more

Capital Raising, Conversion, Convertible Debt, Early Stage Companies, Entrepreneurs

See all updates »

SEC Releases Proposed Rules for Regulation A+ under the JOBS Act: A Promising and Innovative Route to Capital Formation for Young Companies

The SEC has released long-awaited proposed rules to implement Title IV of the JOBS Act, now known as Regulation A+. This regulation could bridge a difficult gap for small companies looking to raise capital. If your company has a…more

IPO, JOBS Act, Regulation A, SEC, Startups

See all updates »

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, DOL, FLSA, Home Health Agencies

See all updates »

IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more

IRS, Private Letter Rulings, Qualified Retirement Plans, Revenue Procedure 2016-47

See all updates »

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

See all updates »

FDA Issues Draft Guidance on Demonstrating Interchangeability Under the BPCIA

On January 17, 2017, the Food and Drug Administration (FDA) issued its long-awaited draft guidance on licensure as an interchangeable biological product approved under the Biologics Price Competition and Innovation Act of 2009…more

Biologics, Biosimilars, BPCIA, Draft Guidance, FDA

See all updates »

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more

Appeals, Breach of Contract, Commercial General Liability Policies, Condominiums, Consequential Damages

See all updates »

SEC Releases Final Rule on Registration of Municipal Advisors

The U.S. Securities and Exchange Commission issued its final rule regarding registration and oversight of municipal advisors pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act. Release 34-70462 addresses a…more

Dodd-Frank, Municipal Advisers, Registration, SEC

See all updates »

Third Circuit Reminds Debt Collectors Of Notice Requirement

The Fair Debt Collection Practices Act (the “Act”) was created to protect consumers against abusive debt collection practices. The notice provision is one feature of the Act that requires debt collectors to notify consumers of…more

Debt Collection, Debt Collectors, FDCPA

See all updates »

Supreme Court Raises the Bar to Class Certification

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged that…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

See all updates »

5 Things Companies Should Know About the Slowdown in China

The dramatic drops in the Shanghai, Shenzhen and Hong Kong stock markets have produced very obvious repercussions in global markets. In China, the nature and extent of the market drops have not been clearly reported, and in much…more

China, Corporate Counsel, Foreign Investment, Legal Perspectives, Popular

See all updates »

Foreign Brokers Doing Business in the United States

Foreign brokers that engage in securities transactions with U.S. investors based in the United States must be registered with the Securities and Exchange Commission (SEC). There are two major exceptions to this rule. The first…more

Brokers, Enforcement Actions, Foreign Nationals, Institutional Investment, SEC

See all updates »

New Jersey Property Tax Appeal Time

It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2016 appeal. If you own real…more

Fair Market Value, Investment Property, Property Owners, Property Tax, Tax Appeals

See all updates »

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