McCarter & English, LLP

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 »

Delaware Law Updates – 2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016

In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on…more

Amended Legislation, Appraisal Rights, Assignments, Delaware General Corporation Law, Delaware Limited Liability Company Act

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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

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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

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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

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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

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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

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New Rules for Patent Office Litigation: Will They Make Patent Owners Happy?

On April 1, the U.S. Patent and Trademark Office (USPTO) published new rules for the increasingly popular America Invents Act (AIA) proceedings, such as inter partes reviews, covered business method reviews, and post-grant…more

America Invents Act, Covered Business Method Proceedings, Expert Testimony, Final Rules, Inter Partes Review Proceedings

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Health Law Insights - Issue 12

CMS Proposes Bundled Payments for Cardiac Care - In its most recent effort to hasten Medicare’s transformation from a fee-for-service payment model to a value-based payment model, the Centers for Medicare & Medicaid…more

Bundled Payments, CMS, Drug & Alcohol Abuse, Drug Pricing, FDA

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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

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Delaware Domicile

The appropriate legal domicile for the company’s organization and filings. In almost every case, Delaware is the appropriate choice. Despite media insinuations, Delaware is not a tax haven. State income taxes are levied on the…more

Capital Formation, Capital Raising, Corporate Entities, Domicile, Due Diligence

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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 »

Delaware Law Updates – 2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016

In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on…more

Amended Legislation, Appraisal Rights, Assignments, Delaware General Corporation Law, Delaware Limited Liability Company Act

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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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 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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New Management Contract Safe Harbors

The Internal Revenue Service (the “IRS”) released Revenue Procedure 2016-44 (“Rev. Proc. 2016-44”) on August 22, 2016 to provide new safe harbors for management contracts to avoid characterization of such contracts as private…more

Compensation, Internal Revenue Code (IRC), IRS, Management Contracts, Public Financing

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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

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New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties

This is an important legal development for any company that is cleaning up an old contaminated site in New Jersey and requires more time to complete the remedial investigation. …more

Department of Environmental Protection, Discharge of Pollutants, Environmental Policies, Hazardous Substances, Investigations

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Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more

401k, Commercial Bankruptcy, Controlled Groups, ERISA, Internal Revenue Code (IRC)

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 »

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 »

Delaware Law Updates – 2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016

In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on…more

Amended Legislation, Appraisal Rights, Assignments, Delaware General Corporation Law, Delaware Limited Liability Company Act

See All Updates »

Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more

401k, Commercial Bankruptcy, Controlled Groups, ERISA, Internal Revenue Code (IRC)

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 »

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for…more

ACLU, Coal, Coal Ash, Defamation, Duke Energy

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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

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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 »

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

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7 Key Roles of a Successful Startup CEO

In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more

Business Formation, CEOs, Legal Perspectives, Startups

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Chinese Government Decision May Help Brands Protect Themselves

Anyone trying to stop Chinese counterfeiters learns almost immediately that most of the information that would ordinarily identify China-based owners of a URL or website is false. That makes it costly or impossible to identify…more

Brand, China, Counterfeiting, Internet, Internet Service Providers (ISPs)

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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 »

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 »

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 »

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

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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 »

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

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Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more

401k, Commercial Bankruptcy, Controlled Groups, ERISA, Internal Revenue Code (IRC)

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 Shutdowns: Operators Have Cyber Protection Obligations Even After Closing

As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the bulk…more

Coal Industry, Coal Mines, Cybersecurity, Data Security, FTC

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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

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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

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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

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If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) - M&E Alert

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed to…more

Class Action, Commercial General Liability Policies, E-Commerce, Notice Requirements, Online Advertisements

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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

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 »

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 »

Heads Up on Startups: What Acquirers Need to Know Prior to the Purchase

Acquiring a startup often provides the acquirer with access to new markets, products, solutions and services, as well as innovative ideas and a pipeline of future products. While the idea of acquiring the “next big thing” is…more

Acquisitions, Due Diligence, Entrepreneurs, Legal Perspectives, Popular

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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

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 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 »

IRS Issues Guidance on Recognition of Same-Sex Marriage Under Tax-Qualified Retirement Plans

On April 4, 2014, the Internal Revenue Service issued Notice 2014-19 providing guidance on the application of the U.S. Supreme Court’s decision in United States v. Windsor (“Windsor”) to tax-qualified retirement plans (such as…more

401k, DOMA, IRS, Qualified Retirement Plans, Retirement Plan

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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 »

How to Prevent Poaching of Your Startup's Employees

Employee “poaching” is a fact of life in many industries. Such employee recruiting is not intrinsically illegal, as a matter of public policy the law generally favors the ability of employees to freely switch employers. However,…more

Compensation & Benefits, Corporate Bonuses, Employer Liability Issues, Equity Compensation, Hiring & Firing

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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 »

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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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)

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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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Product Recalls and Insurance: Considerations to Maximize Covered Expenses

Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. On May 10, 2016, grocery store chain Publix announced a voluntary recall of its cranberry nut and seed mix. Publix learned of the…more

Commercial Reasonableness, Cost Recovery, Food Contamination, Food Recalls, Grocery Stores

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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 »

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 »

It’s Time. Pick up the Shield.

When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to…more

Article 29 Working Party (WP29), Data Protection Authority, Dispute Resolution, EU, EU-US Privacy Shield

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New Pipeline Safety Rules: What You Need to Know

Executive Summary - New regulations for pipeline construction, safety and transportation issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), which is an agency of the Department of Transportation…more

Ethanol, Hazardous Substances, New Regulations, Oil & Gas, PHMSA

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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 Proceedings, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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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 »

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 »

Coming Soon to a Federal Agency Near You... An Expanded Small Business Mentor-Protégé Program

New Small Business Administration Rules Will Increase Eligibility for Large and Small Businesses to Bid Jointly on Set-Aside Contracts, but Not Without Greater Competition - The U.S. Small Business Administration’s (“SBA”)…more

8(a) Program, Disclosure Requirements, Federal Contractors, Joint Venture, Mentor-Protege Program

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And Now More Disclosure Requirements for Federal Contractors – Employee Compensation

Federal contractors and subcontractors that have 100 or more employees and a federal contract, subcontract or purchase order exceeding $50,000 should pay close attention to a new rule proposed by the Department of Labor’s…more

Disclosure Requirements, DOL, EEO-1, Employer Liability Issues, Executive Orders

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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 »

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 »

Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more

401k, Commercial Bankruptcy, Controlled Groups, ERISA, Internal Revenue Code (IRC)

See All Updates »

Anatomy of a Term Sheet: Series A Financing (Q2 2016)

A key milestone in the lifecycle of many successful companies (and, admittedly, many unsuccessful companies) is obtaining financing from angel or venture capital investors, but in negotiating with experienced investors…more

Angel Investors, Board of Directors, Conversion, Dividends, Early Stage Companies

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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

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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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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

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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

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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

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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

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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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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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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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Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more

401k, Commercial Bankruptcy, Controlled Groups, ERISA, Internal Revenue Code (IRC)

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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 »

If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) - M&E Alert

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed to…more

Class Action, Commercial General Liability Policies, E-Commerce, Notice Requirements, Online Advertisements

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

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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

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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 »

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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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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Compliance Concerns Raised Over Proposed Hospital Outpatient Department Rule

In an August 26, 2016, letter to the Centers for Medicare & Medicaid Services (CMS), the American Hospital Association (AHA) expressed serious concern over the portion of the calendar year 2017 hospital outpatient prospective…more

Anti-Kickback Statute, CMS, Hospitals, OPPS, Outpatient Services

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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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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

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 »

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 »

Beware the Booty-Encrusted Hook: Cybersecurity Vendors Should Use Caution Approaching GSA’s IT-70 Solicitation for Highly Adaptive Cybersecurity Services, or “HACS”

Machiavelli – yes, that Machiavelli – knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when…more

Competitive Bidding, Cybersecurity, Federal Contractors, General Services Administration (GSA), General Solicitation

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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 »

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

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

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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

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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

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Florida’s Solar Conundrum

Despite ranking third in the nation for rooftop solar potential, the "Sunshine State" is 13th in cumulative solar capacity installed (dreary New Jersey is 3rd). This is the result of a state without a renewable energy portfolio…more

Energy Sector, Power Purchase Agreements, Renewable Energy, Solar Energy, Solar Panels

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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 »

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

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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

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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

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NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as needed…more

Bargaining Units, Browning-Ferris Industries of California Inc., Collective Bargaining, Community of Interest, Corporate Counsel

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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 »

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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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

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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 »

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

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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

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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 »

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 »

Takeways from the DOL’s Final Overtime Pay Rule

On May 18, 2016, the U.S. Department of Labor (“DOL”) released its long-expected Final Rule, making certain significant changes to the executive, administrative, and professional (“EAP”) and highly compensated executive (“HCE”)…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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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 »

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

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Delaware Law Updates – 2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016

In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on…more

Amended Legislation, Appraisal Rights, Assignments, Delaware General Corporation Law, Delaware Limited Liability Company Act

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 »

If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) - M&E Alert

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed to…more

Class Action, Commercial General Liability Policies, E-Commerce, Notice Requirements, Online Advertisements

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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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 »

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 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

See All Updates »

New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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 »

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

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

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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 »

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 »

Delaware Law Updates – 2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016

In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on…more

Amended Legislation, Appraisal Rights, Assignments, Delaware General Corporation Law, Delaware Limited Liability Company Act

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 Proceedings, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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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 »

New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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 »

Delaware Law Updates – 2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016

In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on…more

Amended Legislation, Appraisal Rights, Assignments, Delaware General Corporation Law, Delaware Limited Liability Company Act

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

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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 »

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 »

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

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New Delaware Law Invalidates “Fee-shifting” and Validates "Forum-selection" Provisions

Prohibition on Fee-Shifting Provisions - The legislation signed into law last week responds to the Delaware Supreme Court’s decision in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) in which the Court…more

Attorney's Fees, Breach of Duty, Bylaws, Controlling Stockholders, Corporate Charters

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Final Rules Implementing Employer Shared Responsibility Provisions of the Affordable Care Act (ACA) Provide Transition Relief for 2015

The ACA Employer Shared Responsibility Provisions require an employer with at least 50 full-time employees (including full-time equivalent employees) to offer health coverage to its full-time (30 hours per week) employees (and…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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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 »

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional Doom

The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,…more

Administrative Proceedings, Armed Services Board of Contract Appeals, Contract Disputes Act, Failure to Submit Administrative Claim, Federal Contractors

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Delaware Law Updates – Court of Chancery Puts Boards of Directors on Notice that Contracting Away Derivative Claims in a Merger Can Risk Subjecting the Merger to Entire Fairness Review

Vice Chancellor Glasscock has held that a merger designed to eliminate derivative claims against a majority of directors justified the application of the entire fairness standard of review in a direct challenge to the merger…more

Board of Directors, Breach of Duty, Delaware General Corporation Law, Derivative Suit, Entire Fairness Standard

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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

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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

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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

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Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert

Winter storm Juno is expected to hit this evening and last through Wednesday, impacting businesses from the Mid-Atlantic to New England. Millions may be affected by power outages and travel disruptions, and many may suffer…more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Property Damage, Property Insurance

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New Jersey enacts “Ban-the-Box” law, limiting inquiries about criminal history during first phase of hiring process

New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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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

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Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more

401k, Commercial Bankruptcy, Controlled Groups, ERISA, Internal Revenue Code (IRC)

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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

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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

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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

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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

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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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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

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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

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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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Contact

Four Gateway Center
100 Mulberry St.
Newark, NJ 07102, United States

  • 973.622.4444
  • 973.624.7070

Areas of Practice
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Other U.S. Locations
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400+ Attorneys

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