Author Info for McCarter & English, LLP

Onome Adejemilua

Remote Notarizations Temporarily Authorized In New Jersey During Coronavirus Pandemic

On April 14, 2020, New Jersey Governor Phil Murphy signed into law a bill that allows a notary public or other officer authorized to take oaths, affirmations, affidavits and acknowledgments in the State of New Jersey (e.g.,…more

Coronavirus/COVID-19, Executive Orders, Governor Murphy, Notarization, Virtual Notarization Procedures

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David Adler

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

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Wolfgang Albrecht, III

DOJ Launches Pilot Program to Encourage Reporting of Criminal Activity

The Department of Justice (DOJ) has announced a pilot program to encourage potential whistleblowers to report criminal activity and cooperate with government investigations in exchange for substantial monetary payouts in the…more

CEOs, CFOs, Compliance, COOs, Corporate Crimes

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Philip Amoa

Beneficial Ownership Reporting under the Corporate Transparency Act—What to Do Now?

Effective January 1, 2024, the Financial Crimes Enforcement Network’s (FinCEN’s) final rule under the Corporate Transparency Act (CTA) will require certain companies to file a report with FinCEN…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Ownership Interest

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Mark Anania

Patent Office Excuses Certain Filing Deadlines And Fees In Response To COVID-19

The United States Patent and Trademark Office (USPTO) recently issued several notices excusing certain filing deadlines and fees to ease the burden on patent filers during the COVID-19 pandemic. But because these relief measures…more

Coronavirus/COVID-19, Infectious Diseases, Patent Applications, Patents, USPTO

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Jedediah Ande

New Jersey Senate Committee Advances Psilocybin Behavioral Health Access and Services Act

In a landmark move, New Jersey’s Senate Health, Human Services, and Senior Citizens Committee convened on June 6 to deliberate on the Psilocybin Behavioral Health Access and Services Act, a groundbreaking bill with the potential…more

Healthcare, Mental Health, New Jersey, Plant Based Products, Senate Committees

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Guillermo Artiles

New NJ Law Halts Unlicensed Hemp Beverage Sales and Opens Doors for Alcoholic Beverage Distributors

Last week, Governor Phil Murphy signed into law Senate Bill No. 3235—a bill temporarily banning the unlicensed sale of hemp products in New Jersey and proposing a new regulatory framework for future sales. The law, which is…more

Cannabis Products, Governor Murphy, Hemp, Licenses, Minors

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Brendan Ashe

Recent Congressional Hearings Signal Major NIL Changes Are Coming

University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this…more

Alston v NCAA, Colleges, Employees, Fair Labor Standards Act (FLSA), Name and Likeness

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Kristy Avino

[Webinar] Ask the Attorneys: Your Reopening, Workplace Safety, and Remote Work Questions Answered - September 15th, 1:00 pm - 2:00 pm EDT

As the COVID-19 pandemic continues to impact businesses around the country, employers face ongoing questions around reopening, workplace safety, and remote work. Our employment attorneys, Christopher Mayer, Kristy Avino, and…more

Best Practices, Coronavirus/COVID-19, EEO, Employer Responsibilities, Federal Labor Laws

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Joseph Bachelder

Growth In CEO Pay Since 1990

For the period 1990 through 2016 median CEO pay grew by over 400 percent. If annualized CEO pay growth thus far in the current decade continues for the rest of the decade, the end-of-decade median CEO pay level will have…more

CEOs, Disclosure Requirements, Executive Compensation, Pay Ratio, Proxy Statements

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Shira Baratz

Connecticut’s “Stay Safe, Stay Home” Order Restricts In-Person Workplace Operations Of Non-Essential Businesses

Connecticut Governor Ned Lamont issued Executive Order No. 7H (the “Stay Safe, Stay Home Order”) directing that all non-essential businesses and not-for-profit entities operating in the state prohibit in-person operations at…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Quarantine

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Franklin Barbosa, Jr.

Chapter 11 Debtors With Confirmed Plans Are Now Eligible For PPP Loans

The Small Business Administration (SBA) published new guidance declaring Chapter 11 debtors with confirmed plans as eligible for Paycheck Protection Program (PPP) loans. The new guidance creates an exception to the SBA’s blanket…more

Bankruptcy Court, CARES Act, Chapter 11, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

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Omar Bareentto

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

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Anthony Bartell

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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John Basenfelder

Case Summary: Parseghian v. Frequency Therapeutics, Inc.

In Parseghian v. Frequency Therapeutics, Inc., the Delaware Court of Chancery dismissed a complaint for failure to state a claim as to Count II, which alleged that defendant Lucchino (the CEO of Frequency Therapeutics) breached…more

Breach of Duty, Cleanup Doctrine, Duty of Loyalty, Equitable Relief, Fiduciary Duty

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Dhruthi Batchu

Barking up the Wrong Tree: SCOTUS Sides with Jack Daniels in Bad Spaniels “Parody”

Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a…more

First Amendment, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion, Parody

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Sean Beeny

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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Erik Paul Belt

Does Not Compute: UK Supreme Court Rules That AI-Generated Inventions Cannot Receive Patents

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for patent…more

Artificial Intelligence, Innovation Patent, Innovative Technology, Inventions, Inventors

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Howard Berkower

Enhanced Opportunities To Benefit From The Employee Retention Credit

The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic…more

American Rescue Plan Act of 2021, American Taxpayer Relief Act, Biden Administration, CARES Act, Consolidated Appropriations Act (CAA)

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MarcAnthony Bonanno

New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,…more

Commercial Real Estate Market, Connecticut, Default, Foreclosure, Investors

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Jessie Bonaros

New York’s COVID-19 Emergency Eviction And Foreclosure Prevention Act Of 2020 Offers Broad Benefits For Borrowers And Tenants

On December 28, 2020, New York Governor Andrew M. Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”), an act designed to prevent—until May 1, 2021—both evictions of…more

Coronavirus/COVID-19, Eviction, Foreclosure, Governor Cuomo, Mortgages

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Jeannette Bond

Implications Of COVID-19 Pandemic For Municipal Bond Transactions

The COVID-19 pandemic is affecting municipal borrowers, including state and local governmental entities and conduit borrowers, as unexpected expenses grow and expected revenue declines as a result of stay-at-home and other…more

Bonds, Coronavirus/COVID-19, EMMA, Income Taxes, Securities and Exchange Commission (SEC)

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Craig Bonnist

COVID-19 Legislation Assists Employers And Employees In Response To Pandemic

The worldwide pandemic caused by the coronavirus disease (COVID-19), and the private and public attempts to respond to and slow its spread, have impacted every aspect of personal and economic life. Given the speed with which…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

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Lisa Bonsall

Silicon Valley Bank: What Happens Next?

US regulators seized Silicon Valley Bank (SVB) on March 10, marking the second largest US bank failure in history and largest since the 2008 global financial crisis. In response, investors began selling off stocks of other banks…more

Banks, D&O Insurance, Depository Institutions, FDIC, Investment Portfolios

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Chelsea Botsch

Case Summary: Parseghian v. Frequency Therapeutics, Inc.

In Parseghian v. Frequency Therapeutics, Inc., the Delaware Court of Chancery dismissed a complaint for failure to state a claim as to Count II, which alleged that defendant Lucchino (the CEO of Frequency Therapeutics) breached…more

Breach of Duty, Cleanup Doctrine, Duty of Loyalty, Equitable Relief, Fiduciary Duty

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Jillian Bray

Business Owners Needing Liquidity: Check Out The “Improved” SBA EIDL Program!

The Small Business Administration’s (SBA) Economic Injury Disaster Loan (EIDL) program, which provides long-term loans directly from the SBA, has been significantly enhanced. Beginning April 6, 2021, qualified companies can…more

Business Expenses, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Interest Rates

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Kelly Brennan

New Jersey Senate Committee Advances Psilocybin Behavioral Health Access and Services Act

In a landmark move, New Jersey’s Senate Health, Human Services, and Senior Citizens Committee convened on June 6 to deliberate on the Psilocybin Behavioral Health Access and Services Act, a groundbreaking bill with the potential…more

Healthcare, Mental Health, New Jersey, Plant Based Products, Senate Committees

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John Brescher Jr.

Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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Lev Breydo

SEC Issues New Rules for Hedge Fund and Private Equity Disclosures

On May 3, the Securities and Exchange Commission approved a new rule that will require hedge fund advisers and private equity advisers to disclose more information to regulators on Form PF about their stability risks and…more

Financial Markets, Financial Stability Board, Hedge Funds, Investment Adviser, Investment Funds

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Simone Wilson-Brito

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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David Broderick

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

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Daniel Brown

“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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Ethan Brown

What a Relief: GAO’s FY 2021 Bid Protest Statistics Indicate That Nearly 50 Percent of Protests Are Effective

On November 16, 2021, the Government Accountability Office (“GAO”) issued its Bid Protest Annual Report for Fiscal Year 2021 (“FY 2021 Bid Protest Report”). The GAO’s annual Bid Protest Report to Congress—required under the…more

Bid Protests, Coronavirus/COVID-19, Federal Contractors, Fiscal Year, GAO

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Kevin Brown

Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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William Brown, Jr.

SBA’s Guidance On The $28.6 Billion Restaurant Revitalization Grant Program

This week the Small Business Administration (SBA) provided guidance on how the $28.6 billion Restaurant Revitalization Fund will work. The Restaurant Revitalization Fund provides for qualified restaurants and other food…more

Business Closures, Business Expenses, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Grants

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Andriani Buck

The Devil Is in the Details: Recent GAO Decision Underscores the Importance of Checking the Agency’s Math

Virtually every year, the Government Accountability Office’s (GAO’s) Bid Protest Annual Report includes “flawed technical evaluations” as one of the top five most common grounds for successful protests. Simply stated, this means…more

AT&T, Bid Protests, Compliance, Corrective Actions, Debriefing

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Kate Roggio Buck

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the issue,…more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Name and Likeness

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Adam Budesheim

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Robert Burger

National Defense Authorization Act FY 2018: Directions In Federal Software Acquisitions

On December 12, 2017, President Trump signed the $700 billion 2018 National Defense Authorization Act (“NDAA”) into law. Following negotiations between the House and Senate Armed Services Committees, the NDAA includes new…more

Department of Defense (DOD), DFARS, Federal Contractors, Federal Pilot Programs, GAO

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Daniela Calabro Gallagher

Enhanced Opportunities To Benefit From The Employee Retention Credit

The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic…more

American Rescue Plan Act of 2021, American Taxpayer Relief Act, Biden Administration, CARES Act, Consolidated Appropriations Act (CAA)

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Sheila Calello

Confusion Mounts Regarding Bankruptcy Debtor Access To PPP-UPDATED June, 2020

Several recent bankruptcy court decisions reveal that a temporary restraining order prohibiting the Small Business Administration (SBA) from enforcing its rule that a debtor in bankruptcy cannot qualify for a Paycheck Protection…more

Bankruptcy Code, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Christian Callegari

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

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Peter Campitiello

SEC Adopts Rule Amendments to Regulation S-P to Safeguard Customer Information and Enhance Cybersecurity Procedures at Financial Institutions

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted amendments to Regulation S-P to “modernize and enhance the rules that govern the treatment of consumers’ nonpublic personal information by certain financial…more

Breach Notification Rule, Broker-Dealer, Consumer Privacy Rights, Cybersecurity, Financial Institutions

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Brian Carroll

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the issue,…more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Name and Likeness

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Joseph Cherico

U.S. Supreme Court Holds Law Firms Are Not “Debt Collectors” Under The FDCPA In Nonjudicial Foreclosures

In an opinion penned by Justice Breyer on March 20, 2019, Obduskey v. McCarthy & Holthus LLP, No. 17–1307 (2019), the United States Supreme Court unanimously ruled that law firms acting on behalf of secured parties to foreclose…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

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Vadim Cherkasov

End of Line: Supreme Court Deletes AI Inventorship

The Supreme Court dealt the latest blow in Dr. Stephen Thaler’s continuing quest for recognition of AI inventorship of patents, by denying certiorari in Thaler v. Vidal (No. 22-919). Despite support of Dr. Thaler from numerous…more

Artificial Intelligence, Computer-Related Inventions, Copyright Office, Inventors, Patent Act

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James Choukas-Bradley

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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Dave Christensen

The Rise of AI: Inventorship Challenges and Opportunities for Natural Persons

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in…more

Artificial Intelligence, CLS Bank v Alice Corp, Intellectual Property Protection, Inventions, Inventors

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Scott Christie

New Jersey’s NEW Data Privacy Law

New Jersey has now joined the growing number of states that have enacted comprehensive online privacy protections for certain consumers and that have imposed requirements on companies collecting and processing consumer data in…more

Data Controller, Data Privacy, Enforcement, New Jersey, New Legislation

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Dayna Chucta

NLRB Establishes New Joint Employer Rule

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees, including…more

Collective Bargaining, Compensation & Benefits, Department of Labor (DOL), Employment Contract, Franchises

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Rachel Churchill

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Aya Cieslak-Tochigi

Supreme Court Settles Long-Standing Trademark Question

On Monday, the U.S. Supreme Court finally resolved a trademark law issue that had remained unsettled for years: whether a bankrupt trademark owner may revoke a trademark licensee’s rights to a licensed trademark by “rejecting”…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Breach of Contract, Commercial Bankruptcy, Debtors

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Marcie Beth Clarke, PhD

USPTO Issues Guidance On PTAB Proceedings In Light Of SAS Institute Case

In SAS Institute Inc., v. Iancu et al. (584 U.S. ___ (2018)), the U.S. Supreme Court addressed whether the Patent Trial and Appeals Board (PTAB) is required to decide the patentability of every claim challenged by a petitioner…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Naida Colakhodžic

Updates To PTAB Trial Practice Guide Provide Better IPR Road Map

Patent Trial and Appeal Board (PTAB) proceedings, such as inter partes reviews (IPRs), have become popular alternatives to patent litigation in federal courts. Recent updates to the PTAB’s Trial Practice Guide provide welcome…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, Trial Practice Guidance

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Thomas Collins

New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

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Caroline Colpoys

A Gamble For Hawaiian Contractors: Hawaii Raises The Stakes For Contractors Betting On State Bid Protest Appeals

The cards are on the table, and the Hawaiian state legislature has dealt its state contractors a risky hand. A new bill, SB 1329, is set to eliminate the monetary cap on the bond required to challenge a procurement officer’s…more

Appeals, Bid Protests, Federal Contractors, GAO, Hawaii

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Nicole Corona

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Paula Cruz Cedillo

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

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John Curran

USPTO Provides Further Clarity For Navigating The Abstract Maze

Andrei Iancu, director of the United States Patent and Trademark Office (USPTO), continues to steer the USPTO on a more pro-patent path with new Examination Guidance released for public comment on January 4, 2019. The Guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Section 101

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Daniel D'Alessandro

NJ Supreme Court Rules That NJ Uniform Securities Law Does Not Bar Investment Adviser From Seeking Damages Over Verbal Job Offer

The Supreme Court of New Jersey recently cast doubt on the applicability of the federal “family office” exception for investment advisers under the New Jersey Uniform Securities Law (NJUSL) while allowing the plaintiff to seek…more

Breach of Contract, Dissenting Opinions, Estoppel, Investment Adviser, Investment Advisers Act of 1940

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Salvatore D'Alia

NJ DEP Proposes New “Environmental Justice” Permitting Rules

The New Jersey Department of Environmental Protection (NJDEP) released on June 6 proposed new rules that would implement parts of the Environmental Justice Law, N.J.S.A. 13:1D-157, requiring certain industrial facilities to…more

Administrative Orders, Air Pollution, Contamination, Environmental Justice, Environmental Policies

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Thomas DaCosta Lobo

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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Mark Daniele

Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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Joseph Daniels

Potential Impacts Of Affiliate Rules On Access To SBA’s PPP

Information regarding the affiliate rules that can impact access to the Small Business Administration (SBA) Paycheck Protection Program (PPP) under the CARES Act for our venture capital-backed clients is complex. Although more…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), SBA

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Sarah Delia

Delaware Supreme Court Rules That Otherwise Entirely Fair Transaction Does Not Pass Muster When Taken For Inequitable Purpose

On June 28, 2021, the Delaware Supreme Court reversed a ruling of the Court of Chancery which found that an otherwise “entirely fair” transaction undertaken for an “inequitable purpose” did not trigger fiduciary liability for…more

DE Supreme Court, Fiduciary Duty, Inequitable Conduct, Stocks, Voting Rights

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Bernard Devieux

SEC Updates Definition Of “Accredited Investor”

The term “accredited investor,” as defined under Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”), had not changed significantly since it was originally adopted in 1982. In June 2019,…more

Accredited Investors, Exempt Reporting Advisers (ERAs), Federal Register, Initial Public Offering (IPO), Investment Advisers Act of 1940

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Theresa Dill

Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme…more

Consumer Fraud, Design Defects, Federal Industry Standards, Misrepresentation, NJ Supreme Court

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Thomas Doherty

New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme…more

ABC Test, Corporate Counsel, Employer Liability Issues, Independent Contractors, NJ Supreme Court

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J. Wylie Donald

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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James Donoian

Barking up the Wrong Tree: SCOTUS Sides with Jack Daniels in Bad Spaniels “Parody”

Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a…more

First Amendment, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion, Parody

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Paul Dritsas

NJDEP Extends Certain Site Remediation Deadlines Due To COVID-19 Pandemic

The New Jersey Department of Environmental Protection (NJDEP) took steps on April 24, 2020, to suspend the application of certain New Jersey Site Remediation Program (SRP) compliance deadlines. This was in response to numerous…more

Coronavirus/COVID-19, Environmental Policies, Governor Murphy, NJDEP, Site Remediation

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Gary Duescher

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, Centers for Medicare & Medicaid Services (CMS), Healthcare, IRS

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Amanda Dumville

NJDEP Extends Certain Site Remediation Deadlines Due To COVID-19 Pandemic

The New Jersey Department of Environmental Protection (NJDEP) took steps on April 24, 2020, to suspend the application of certain New Jersey Site Remediation Program (SRP) compliance deadlines. This was in response to numerous…more

Coronavirus/COVID-19, Environmental Policies, Governor Murphy, NJDEP, Site Remediation

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Andrew Dupre

Delaware Law Updates – HBMA Holdings LLC v. LSF9 Stardust Holdings

Application of a survival clause as a contractual statute of limitations to indemnification claims on an earn-out agreement. In HBMA Holdings LLC v. LSF9 Stardust Holdings LLC, C.A. 12806-VCMR (Del. Ch. Dec. 8, 2017), the…more

Arbitration, Earn-Outs, EBITDA, Indemnification, Statute of Limitations

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Matthew Van Eman

THE INVENTINATOR: May AI “Inventors” Get Patents?

For decades, authors and filmmakers have contemplated the challenges and opportunities presented when machines take on human-like capabilities. In 1984, James Cameron sent us the Terminator, a cyborg created by SkyNet, an…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patents, USPTO

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Stesha Emmanuel

Massachusetts Passes New Salary Disclosure Law

As summer begins to all but fade into the background, it is a good time to revisit legal compliance with state and federal requirements in the employment context. Massachusetts recently joined the growing wave of states to pass…more

Bonuses, Disclosure Requirements, EEO-1, Hiring & Firing, Job Ads

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Alisha Faherty

New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement

New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and…more

Department of Environmental Protection, Natural Resources, New Jersey, Rehabilitation and Restoration Plans

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Edward Fanning Jr.

NJ Supreme Court Issues Another Landmark Decision In In Re Accutane, This Time Regarding Choice-Of-Law And The Presumption Of Adequacy For FDA-Approved Warnings

Nearly two months to the day after the New Jersey Supreme Court issued a landmark decision in the In re Accutane® Litigation incorporating the Daubert factors into New Jersey law, the court issued another major decision in the…more

Choice-of-Law, Food and Drug Administration (FDA), Pharmaceutical Industry, Warning Labels

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Jennifer Farina

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Clement Farley

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Michael Fasciale

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the issue,…more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Name and Likeness

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Susan Feeney

New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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Travis Ferguson

Who Sins Most? The Tempter or the Tempted?—Court of Chancery Allocates Equal Fault Among Acquirer and Target Officers in Merger Dispute

In In re Columbia Pipeline Group, Inc. Merger Litigation, C.A. No. 2018-0484-JTL, the Delaware Court of Chancery allocated liability among two sell-side officers and a third-party acquirer under the Delaware Uniform Contribution…more

Aiding and Abetting, Breach of Duty, Confidential Information, Corporate Counsel, Delaware General Corporation Law

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Joseph Ferino

New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

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Frank Ferruggia

New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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Thomas Finn

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

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Thomas Foley

Final IPR Decisions Now Subject To Director Review

Disappointed with the final decision in your inter partes review (IPR) or post-grant review (PGR)? Under a new interim procedure, you may now seek review by the director of the U.S. Patent and Trademark Office. The Office is…more

Inter Partes Review (IPR) Proceeding, Post-Grant Review, SCOTUS, United States v Arthrex Inc, USPTO

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Joseph Philip Forte

Beneficial Ownership Reporting under the Corporate Transparency Act—What to Do Now?

Effective January 1, 2024, the Financial Crimes Enforcement Network’s (FinCEN’s) final rule under the Corporate Transparency Act (CTA) will require certain companies to file a report with FinCEN…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Ownership Interest

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Leroy Foster

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v. Avon…more

Appellate Courts, Asbestos, Asbestos Litigation, Causation, Foreign Persons

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Stephen Fox

SEC No-Action Letter Clears Ambiguity Surrounding The Existence Of Utility Tokens

The SEC has issued its second-ever no-action letter to a token issuer. Pocketful of Quarters, Inc. (PoQ) sought the no-action letter in connection with the issuance of a cryptographically protected token (Quarters), which will…more

Cryptocurrency, No-Action Letters, Securities and Exchange Commission (SEC), Virtual Currency

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Kia Freeman

Senators Kick off Bipartisan Patent Reform Effort

In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis, titled…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Patents

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Michael Friscia

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

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Gianni Garyfallos

New Jersey Senate Committee Advances Psilocybin Behavioral Health Access and Services Act

In a landmark move, New Jersey’s Senate Health, Human Services, and Senior Citizens Committee convened on June 6 to deliberate on the Psilocybin Behavioral Health Access and Services Act, a groundbreaking bill with the potential…more

Healthcare, Mental Health, New Jersey, Plant Based Products, Senate Committees

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Emily Gianquinto

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the…more

Administrative Law Judge (ALJ), Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Mark Dunn Giarratana

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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Leigh Gilligan

MA Establishes Moratorium On Evictions, Foreclosures During COVID-19 Emergency

With economic and other hardships mounting as a result of the COVID-19 pandemic, Governor Charlie Baker signed into law on April 21, 2020, a bill providing for a moratorium on certain evictions and foreclosures during the…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Governor Baker

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Thomas Gironda

SEC Issues New Rules for Hedge Fund and Private Equity Disclosures

On May 3, the Securities and Exchange Commission approved a new rule that will require hedge fund advisers and private equity advisers to disclose more information to regulators on Form PF about their stability risks and…more

Financial Markets, Financial Stability Board, Hedge Funds, Investment Adviser, Investment Funds

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Susan Okin Goldsmith

New Jersey’s NEW Data Privacy Law

New Jersey has now joined the growing number of states that have enacted comprehensive online privacy protections for certain consumers and that have imposed requirements on companies collecting and processing consumer data in…more

Data Controller, Data Privacy, Enforcement, New Jersey, New Legislation

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Marcos Gonzalez

DOD Releases Final Rule Prohibiting the Acquisition of Certain Magnets from Nonaligned Foreign Nations

China dominates the rare earth industry, accounting for approximately 60 percent of rare earth metal mining and approximately 90 percent of rare earth metal processing in 2023. In order to combat this near-monopoly and to limit…more

China, Department of Defense (DOD), DFARS, Final Rules, NDAA

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Thomas Goodwin

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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Ira Gottlieb

New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement

New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and…more

Department of Environmental Protection, Natural Resources, New Jersey, Rehabilitation and Restoration Plans

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Denise Goulet

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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Meredith Gramann

NJ Supreme Court Rules That NJ Uniform Securities Law Does Not Bar Investment Adviser From Seeking Damages Over Verbal Job Offer

The Supreme Court of New Jersey recently cast doubt on the applicability of the federal “family office” exception for investment advisers under the New Jersey Uniform Securities Law (NJUSL) while allowing the plaintiff to seek…more

Breach of Contract, Dissenting Opinions, Estoppel, Investment Adviser, Investment Advisers Act of 1940

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Theodore Grannatt

Finders Keepers

SEC Proposes to Allow Finders to Receive Transaction-Based Compensation in Certain Limited Circumstances Without Having to Register as a Broker-Dealer- In an effort to help small and emerging businesses raise capital, the…more

Accredited Investors, Broker-Dealer, Capital Raising, Due Diligence, General Solicitation

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John Gregg

Government Agencies Ramp Up Efforts to Revise Energy Efficiency Standards

State and federal governments have shifted into high gear to establish new energy efficiency standards for a wide array of appliances, and manufacturers and consumers would be wise to stay abreast of government efforts to revise…more

Carbon Emissions, Clean Energy, Department of Energy (DOE), Energy Efficiency, Energy Sector

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Michael Guariglia

Taxpayers That Paid The Net Investment Income Tax Or The Additional Medicare Tax Should Consider Filing Protective Claims For Refund

Individuals, estates, and trusts that paid significant amounts of the 3.8% net investment income tax or the 0.9% additional Medicare tax in 2016 or later years should consider filing protective claims for refund of those taxes…more

Affordable Care Act, Capital Gains, Health Insurance, Income Taxes, IRS

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Amy Haberman

Litigation Provides Limited Relief to Dependent Spouses Seeking Work Permits

After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic…more

Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, Form I-94, H-4 Spouses

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Zlatko Hadzismajlovic

CFIUS Issues Enforcement and Penalty Guidelines: A Contextual View

Although announced two years earlier, Enforcement and Penalty Guidelines (the Guidelines) were finally released by the US Department of the Treasury (Treasury) as Chair of the Committee on Foreign Investment in the United States…more

CFIUS, Civil Monetary Penalty, Compliance, Covered Transactions, Executive Orders

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Gary Hall

Newark Residential Developers: New Affordable Housing Requirement May Cost You

Developers of new residential projects in Newark may need to factor in affordable housing following the Newark City Council’s recent adoption of a zoning ordinance requiring most future residential development projects involving…more

Affordable Housing, Construction Industry, Housing Developers, Real Estate Development, Residential Real Estate Market

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Nathan Harrison, Ph.D.

USPTO Provides Further Clarity For Navigating The Abstract Maze

Andrei Iancu, director of the United States Patent and Trademark Office (USPTO), continues to steer the USPTO on a more pro-patent path with new Examination Guidance released for public comment on January 4, 2019. The Guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Section 101

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Patrick Harrity

The Voters Have Spoken: When And How New Jersey Will Give Life To The Cannabis Market

Horticultural, retail, biotech, pharma, and other companies located in the diverse cannabis industry have long anticipated and increasingly prepared for adult-use legalization in the State of New Jersey. Two formal moves have…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Governor Murphy, Licensing Rules, New Jersey

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Richard Hernandez

Hart-Scott-Rodino Thresholds To Increase Effective February 27, 2020

Transactions that close on or after February 27, 2020, will be subject to revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The threshold adjustments are the result of the…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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David Himelfarb

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Gregory Hindy

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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Lee Holtzman

New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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Michael Horn

Interagency Guidance On Loan Modifications By Financial Institutions For Customers Affected By COVID-19

Recognizing the massive disruption to the U.S. economy and the American people created by COVID-19, federal banking regulators, consisting of the FDIC, the Federal Reserve Board, the Office of the Comptroller of the Currency,…more

Banking Sector, Coronavirus/COVID-19, Financial Institutions, Financial Services Industry, Loan Modifications

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Gregory Horowitz

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Joel Horowitz

Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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Nathan Howe

New Jersey Releases Draft Energy Master Plan Targeting 100% Clean Energy in 30 Years

PDF Version New Jersey unveiled a draft of the forthcoming 2019 Energy Master Plan (EMP) required by the 2018 Clean Energy Act and delegated by Governor Murphy to the New Jersey Board of Public Utilities (BPU). The EMP sketches…more

Clean Energy, Energy Sector, Renewable Energy, State and Local Government

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Benjamin Hron

The More The Merrier: SEC Amends Crowdfunding Rules To Increase Investment Limits

On November 2, 2020, the Securities and Exchange Commission (SEC) voted to amend certain rules related to the issuance of securities in exempt offerings—transactions in which the securities sold by the issuer do not need to be…more

Accredited Investors, Crowdfunding, Disclosure Requirements, Regulation D, Reporting Requirements

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Tiffany Hubbard

Department of Labor Significantly Increases Salary Thresholds for “White Collar” Overtime Exemptions

On April 23, 2024, the US Department of Labor (DOL) announced its final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees—commonly referred to as the…more

CEOs, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Curtis Johnson

Silicon Valley Bank: What Happens Next?

US regulators seized Silicon Valley Bank (SVB) on March 10, marking the second largest US bank failure in history and largest since the 2008 global financial crisis. In response, investors began selling off stocks of other banks…more

Banks, D&O Insurance, Depository Institutions, FDIC, Investment Portfolios

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Forrest Jones

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

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Morgan Jones

California Strikes Back…For Data Privacy!

Well, California is at it again. Less than one year after the California Consumer Privacy Act (“CCPA”) took effect, the people of California voted to approve Proposition 24 (aka the California Privacy Rights Act, the “CPRA”) on…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cloud Storage, Consent

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Alexandra Joyce

Delaware Court of Chancery Denies Indemnification for Former CEO and Provides Color on Entitlement to Proportional Indemnification

In Evans v. Avande, Inc., C.A. No. 2018-0454-LWW (Del. Ch. June 9, 2022), the Delaware Court of Chancery found that a health care services company did not have to pay legal expenses for its former CEO, who had ultimately been…more

Breach of Duty, CEOs, Defamation, Fiduciary Duty, General Corporation Law

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Brett Kahn

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

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Howard Kailes

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, Securities

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David Kane

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Quincy Kayton

Trademarks For A Budding Industry

While many states have legalized or decriminalized cannabis products, the federal government still considers these products to be illegal. Thus, as people are often surprised to learn, federal trademark protection for these…more

Cannabis Products, Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Trademark Registration

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Kathleen Keating

Outdoor Seating: Special Ruling Of NJ ABC Director

Beginning on June 15, limited outdoor seating will be allowed for New Jersey establishments with on-premises consumption licenses and permits to serve alcoholic beverages. To accomplish this statewide change, the Director of the…more

ABC, Applications, Coronavirus/COVID-19, Hospitality Industry, New Jersey

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Cynthia Keliher

Ten Key Leasing Considerations Resulting From The COVID-19 Pandemic

As businesses adjust to the complications presented by the COVID-19 pandemic, landlords and tenants must now take even greater care when entering into leases. Tenants may demand greater flexibility in leases should a public…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause, Landlords, Lease Term

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James Kellar

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Daniel Kelly

Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Judge R. Stan Baker of the US District Court for the Southern District of Georgia issued an order (Order) on December 7, 2021, enjoining the federal government “from enforcing the vaccine mandate for federal contractors and…more

Coronavirus/COVID-19, Executive Orders, Federal Contractors, Federal Employees, Joe Biden

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John Kelly

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, Securities

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Laura Kelly

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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Michael Kelly

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

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George Kendall

Slow and Steady Wins the Race: Hospitals Should Evaluate Their Split/Shared Services Notwithstanding the Delay Under CMS’s 2024 Physician Fee Schedule Proposed Rule

In the CY 2024 Physician Fee Schedule Proposed Rule (the Proposed Rule), the Centers for Medicare & Medicaid Services (CMS) proposed a further delay in implementing its time-only definition for determining the “substantive…more

Billing, Centers for Medicare & Medicaid Services (CMS), Clinical Evaluations, Hospitals, Physician Fee Schedule

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Jane Kimball

Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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Phyllis Kimmel

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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Khaled Klele

Medicare Technology Standards for Prescribing Part D Drugs

The Centers for Medicare & Medicaid Services (CMS), the Office of the National Coordinator for Health Information Technology (ONC), and thr Department of Health and Human Services (HHS) published 89 FR 51238 (the Final Rule),…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Electronic Prescribing, Health Insurance Portability and Accountability Act (HIPAA), Information Technology

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Scott Kobler

Next Stop, Revalidation Station: CMS Final Rule for Nursing Home Transparency to Prompt Off-Cycle Revalidation, Revised Form CMS-855A, and Sub-regulatory Guidance

Nursing facilities should prepare to provide the Centers for Medicare & Medicaid Services (CMS) with additional information about their ownership, their managing employees and the parties providing certain financial and…more

Business Ownership, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Corporate Structures, Disclosure Requirements

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Alan Kornstein

New Jersey Modernizes Business Corporation Act to Permit Certain Conversion Transactions

On May 8, 2023, New Jersey Governor Phil Murphy signed into law Senate Bill 142 (P.L. 2023, Chapter 38), which amends and supplements the New Jersey Business Corporation Act (BCA) to provide procedures for conversions (the…more

Business Corporation Act, Governor Murphy, Limited Liability Company (LLC), New Jersey, RULLCA

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David Kott

Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme…more

Consumer Fraud, Design Defects, Federal Industry Standards, Misrepresentation, NJ Supreme Court

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Lanny Kurzweil

New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement

New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and…more

Department of Environmental Protection, Natural Resources, New Jersey, Rehabilitation and Restoration Plans

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Thomas Ladd

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Peter Lam

Implications Of COVID-19 Pandemic For Municipal Bond Transactions

The COVID-19 pandemic is affecting municipal borrowers, including state and local governmental entities and conduit borrowers, as unexpected expenses grow and expected revenue declines as a result of stay-at-home and other…more

Bonds, Coronavirus/COVID-19, EMMA, Income Taxes, Securities and Exchange Commission (SEC)

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Ward Laracy

US Merger Filing Thresholds and Filing Fees 2024 Updates

Annually, the Federal Trade Commission (FTC) reviews and adjusts the premerger notification reporting thresholds for reporting acquisitions of voting securities, assets, or noncorporate interests (each a Transaction) under the…more

Civil Monetary Penalty, Consumer Price Index, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Philip Lee

Department of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-Making

On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See…more

Artificial Intelligence, Bias, Compliance, Department of Labor (DOL), Discrimination

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Ronald Leibman

US Supply Chain And Transportation Stakeholders Receive Several Provisions From The CARES Act

Since its passage last week, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the Act) has produced endless summaries and analyses of its text, most notably in regard to the increased access to Small Business…more

CARES Act, Coronavirus/COVID-19, Independent Contractors, Relief Measures, Small Business

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Ilana Levin

DOL Regulations Clarify Paid Leave Requirements Under The Families First Coronavirus Response Act

The U.S. Department of Labor (DOL) has now issued temporary regulations providing guidance on the Families First Coronavirus Response Act (FFCRA), which was signed into law on March 18, 2020, and took effect on April 1, 2020, in…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA)

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Zhenggui Li

NJEDA Program Offering $100,000 Working Capital Loans To Qualified New Jersey Small Businesses

The New Jersey Economic Development Authority (“NJEDA”) has recently announced a series of economic relief packages to help small businesses in the state. Earlier last week, NJEDA launched its Small Business Emergency…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Relief Measures

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Joseph Lubertazzi Jr.

Get It In Writing

As any financial or legal professional will advise, a promise, representation or agreement should be in writing. This sound advice applies equally in the bankruptcy context, as the Supreme Court recently held…more

Bankruptcy Code, Chapter 7, Commercial Bankruptcy, Creditors, Debtors

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Geoffrey Lynott

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

Joann Lytle

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Ryan Magee

New NJ Law Halts Unlicensed Hemp Beverage Sales and Opens Doors for Alcoholic Beverage Distributors

Last week, Governor Phil Murphy signed into law Senate Bill No. 3235—a bill temporarily banning the unlicensed sale of hemp products in New Jersey and proposing a new regulatory framework for future sales. The law, which is…more

Cannabis Products, Governor Murphy, Hemp, Licenses, Minors

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Michael Maitland

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

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Alexander Major

DOJ Went Down to Georgia: Lessons Learned from Recent Cybersecurity Enforcement Actions

Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that…more

Chief Information Officers (CIO), Compliance, Cybersecurity, Department of Defense (DOD), Department of Justice (DOJ)

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John Mallin

It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

The deadline for appealing Connecticut local property taxes is again 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, Property Owners, Property Tax, Property Valuation, Tax Appeals

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Katerina Mantell

What Does OSHA Require Of Employers When OSHA’s COVID-19 Emergency Temporary Standard Does Not Apply?

While there is no specific COVID-19 standard that applies to employers and employees not covered by the recent emergency temporary standard (ETS) applicable specifically to employers with employees working in a healthcare…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Masks, OSHA

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Natalie Mantell

NJ Supreme Court Issues Another Landmark Decision In In Re Accutane, This Time Regarding Choice-Of-Law And The Presumption Of Adequacy For FDA-Approved Warnings

Nearly two months to the day after the New Jersey Supreme Court issued a landmark decision in the In re Accutane® Litigation incorporating the Daubert factors into New Jersey law, the court issued another major decision in the…more

Choice-of-Law, Food and Drug Administration (FDA), Pharmaceutical Industry, Warning Labels

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Inez Markovich

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

John Martin

Construction Project Shutdowns: Know Your General Contract Terms For Force Majeure, Suspension, And Termination

As state and local governments shut down construction projects in response to the COVID-19 pandemic, project owners and contractors should review closely the general contracts for their projects to determine what consequences…more

Business Closures, Contractors, Coronavirus/COVID-19, Executive Orders, State of Emergency

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Jeffrey Matrullo

It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

The deadline for appealing Connecticut local property taxes is again 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, Property Owners, Property Tax, Property Valuation, Tax Appeals

See all updates »

Lauren Mauro

SEC Adopts Rule Amendments to Regulation S-P to Safeguard Customer Information and Enhance Cybersecurity Procedures at Financial Institutions

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted amendments to Regulation S-P to “modernize and enhance the rules that govern the treatment of consumers’ nonpublic personal information by certain financial…more

Breach Notification Rule, Broker-Dealer, Consumer Privacy Rights, Cybersecurity, Financial Institutions

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Christopher Mayer

New Law Will Impact Change in Control Transactions Between Health Care Entities in New Jersey

New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August 18,…more

Employee Retention, Employee Rights, Governor Murphy, Health Care Providers, Healthcare Facilities

See all updates »

Joseph Mazzarella

Artificial Intelligence & Product Liability

As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety framework…more

Artificial Intelligence, Design Defects, Distributors, Liability, Manufacturers

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John McAleese

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 »

Leah McCoy

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in your…more

Amazon, Bad Actors, Consumers, Counterfeiting, Disclosure Requirements

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John McKelway Jr.

Massachusetts’ Strictest-In-The-Nation Definition Of “Employee” May Encompass Franchise Operators

When a worker is classified as an employee, a panoply of local, state, and federal laws regulate many facets of the relationship between the worker and the person or entity the worker serves. When a worker is not an “employee,”…more

Federal Trade Commission (FTC), Franchises, Independent Contractors, Misclassification, Payroll Taxes

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Richard McMenamin

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Kimberly Castellino Metzger

Artificial Intelligence & Product Liability

As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety framework…more

Artificial Intelligence, Design Defects, Distributors, Liability, Manufacturers

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Robert Mintz

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the issue,…more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Name and Likeness

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Veronica Montagna

New Jersey Law Will Permit Small Businesses to Cure Certain First-Time Violations

Small New Jersey businesses may be granted 60 days to cure certain first-time violations before a monetary fine or civil penalty is imposed under a new state law that took effect on June 19, 2023. The bill (A-4753/S-3208) was…more

Governor Murphy, New Jersey, New Legislation, Public Safety, Small Business

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Herbert Moore, Jr.

SEC Updates Definition Of “Accredited Investor”

The term “accredited investor,” as defined under Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”), had not changed significantly since it was originally adopted in 1982. In June 2019,…more

Accredited Investors, Exempt Reporting Advisers (ERAs), Federal Register, Initial Public Offering (IPO), Investment Advisers Act of 1940

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Pamela Moore

COVID-19 Labor & Employment Frequently Asked Questions

As the COVID-19 pandemic expands, disrupting lives of everyone around the globe, employers should keep a few guiding principles in mind. •Keep up with and follow the best public health advice available. The Centers for…more

Coronavirus/COVID-19, Family and Medical Leave Act (FMLA), Sick Leave, Wage and Hour, WARN Act

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David Mordkoff

New York Issues Guidance On 90-Day Mortgage Relief Directive Issued As Response To COVID-19 Pandemic

On March 19, 2020, New York Governor Andrew Cuomo announced a new directive to mortgage servicers to provide 90-day mortgage relief to New York borrowers impacted by the COVID-19 disease pandemic. That same day, the New York…more

Borrowers, Coronavirus/COVID-19, Governor Cuomo, Mortgage Servicers, Mortgages

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Jeffrey Muller

Enhanced Opportunities To Benefit From The Employee Retention Credit

The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic…more

American Rescue Plan Act of 2021, American Taxpayer Relief Act, Biden Administration, CARES Act, Consolidated Appropriations Act (CAA)

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Hugh Murray, III

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the…more

Administrative Law Judge (ALJ), Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Richard Myslinski

New Law Will Impact Change in Control Transactions Between Health Care Entities in New Jersey

New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August 18,…more

Employee Retention, Employee Rights, Governor Murphy, Health Care Providers, Healthcare Facilities

See all updates »

Megan Nigro

CMS Adopts New Age-Friendly Hospital Measure for Care of Older Adults for CY 2025 Reporting

The Centers for Medicare & Medicaid Services (CMS) has adopted an age-friendly quality hospital measure in its most recent final rule addressing prospective payment systems, policy changes, and quality program requirements for…more

Centers for Medicare & Medicaid Services (CMS), Elder Care, Health Care Providers, Healthcare, Healthcare Facilities

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Richard Nolan Jr.

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, Centers for Medicare & Medicaid Services (CMS), Healthcare, IRS

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Allen O'Neil

Rural Utilities Service Begins FY19 Broadband Loan Program, Revises Loan Limits

The Rural Utilities Service (RUS) announced on November 15, 2018, that it is now accepting fiscal year 2019 (FY19) applications for the Rural Broadband Access Loans and Loan Guarantees Program on a rolling first-come,…more

Broadband, Loans, Rural Areas, Utilities Sector

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Robert O'Neil

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 »

William O'Shaughnessy

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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Moy Ogilvie

Developing Effective and Legally Compliant DEI Policies

Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,…more

Civil Rights Act, Corporate Culture, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing

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Stephanie Olivo

US Court of Appeals for the Sixth Circuit Issues Campaign Finance Decision

The US Court of Appeals for the Sixth Circuit recently issued an important decision regarding the ability of federal candidates to coordinate with committees such as the National Republican Senatorial Committee…more

Appellate Courts, Local Elections, New Jersey, Political Candidates, SCOTUS

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Jessica Osterlof

Medicare Technology Standards for Prescribing Part D Drugs

The Centers for Medicare & Medicaid Services (CMS), the Office of the National Coordinator for Health Information Technology (ONC), and thr Department of Health and Human Services (HHS) published 89 FR 51238 (the Final Rule),…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Electronic Prescribing, Health Insurance Portability and Accountability Act (HIPAA), Information Technology

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Katarina Overberg

President Biden’s Executive Order on AI: Bringing Law to the New Frontier

After considerable anticipation and speculation, President Biden recently issued an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. While the EO focuses primarily on…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Civil Rights Act

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William Palatucci

NJ ELEC Proposes New Reporting Requirements for IEs and SuperPACs

The Election Law Enforcement Commission (ELEC) proposed new rules this week (56 N.J.R. 1684(a) and 56 N.J.R. 1699(a)), finally implementing the legislature’s creation of reporting requirements for independent expenditure (IE)…more

Contribution Limits, Financial Actvities, Governor Murphy, New Jersey, Political Contributions

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Maria Panichelli

Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!

Welcome, dear readers, to the height of protest season! Around the end of the federal fiscal year, the number of contract awards being made increases greatly. Which means so do the number of protests challenging those award…more

Bid Protests, COFC, Compliance, Federal Acquisition Regulations (FAR), Federal Contractors

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Sherilyn Pastor

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Jean Patterson

Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme…more

Consumer Fraud, Design Defects, Federal Industry Standards, Misrepresentation, NJ Supreme Court

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Phillip Pavlick

New York Appellate Division Third Department Joins Second Department On Issues Concerning Mortgage Loan Acceleration And A Borrower’s Right To Cure

Introduction- The New York Appellate Division Third Department reached three notable determinations being closely monitored by the mortgage servicing and lending industry in the case Wells Fargo Bank, N.A. v. Portu, 2020 NY…more

Acceleration, Borrowers, Mortgage Lenders, Mortgages

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Michelle Perez

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

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Debra Perry

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

Food and Drug Administration (FDA), Food Labeling, GMO

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Jeffrey Petit

New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

See all updates »

Stephanie Pisko

New Jersey Supreme Court Affirms The Proper Scope Of Shareholders’ Right To Inspect Books And Records

The New Jersey Supreme Court affirmed per curiam the Appellate Division’s decision in R.A. Feur v. Merck & Co., Inc. and its strict adherence to the New Jersey corporate statute N.J.S.A. 14A:5-28 governing “books and records”…more

Books & Records, Inspection Rights, Shareholder Litigation, Shareholder Rights, Shareholders

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Grace Power

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

See all updates »

Kevin Quinn

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, Centers for Medicare & Medicaid Services (CMS), Healthcare, IRS

See all updates »

Charles Ray

It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

The deadline for appealing Connecticut local property taxes is again 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, Property Owners, Property Tax, Property Valuation, Tax Appeals

See all updates »

Thomas Rechen

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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Hayley Reese

Delaware Law Updates – The Delaware Supreme Court Underscores The Significance Of The Deal Price.

The Delaware Supreme Court, sitting en banc, recently reversed in part and remanded the Court of Chancery’s decision regarding the appraisal of Dell, Inc. (“Dell”)[i], which builds upon another recent appraisal decision in which…more

Appraisal, Dell, Fair Market Value, Share Price, Shareholder Litigation

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James Regan

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

Azreen Rehman

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

See all updates »

R. Andrew Richards

Paycheck Protection Program (PPP) Application Form Made Available By Treasury Department

On March 31, 2020, the U.S. Small Business Administration (SBA) released the Paycheck Protection Program Application Form for use with the SBA Paycheck Protection Program (PPP) loans. Applications for PPP loans may be submitted…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Paycheck Protection Program (PPP), Relief Measures

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Alexander Ried

All Is Fair In Google And Oracle: Supreme Court Says Google’s Copying Was Fair Use In Landmark Copyright Case

Was it fair for Google to copy 11,500 lines of Oracle’s copyrighted Java Application Programming Interface (API) simply to make it easier for programmers already familiar with Java to develop apps for Google’s Android smartphone…more

APIs, Copyright, Copyright Infringement, Fair Use, Google

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Matthew Rifino

Defendants Fail to Defeat Fiduciary Duty Claim Based on the Unique Benefit Realized from the Sale

In Manti Holdings, LLC, et al. v. The Carlyle Group, Inc., et al., C.A. No. 2020-0657-SG (Del. Ch. June 3, 2022), the Delaware Court of Chancery addressed fiduciary duty claims in the context of a conflicted controller…more

Board of Directors, Breach of Duty, Duty of Care, Fiduciary Duty, Investors

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Carissa Rodrigue

Some Brands Have All The Luck

The Supreme Court has now resolved a nearly 20-year legal battle between Lucky Brand Dungarees and Marcel Fashions Group over their respective trademarks. The ruling is important to trademark owners because it reinforces how…more

Claim Preclusion, Fashion Branding, Lucky Brand Dungarees v Marcel Fashion Group, Motion to Dismiss, Release Agreements

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Christopher Rojao

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

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Geoffrey Rosamond

DOJ Launches Pilot Program to Encourage Reporting of Criminal Activity

The Department of Justice (DOJ) has announced a pilot program to encourage potential whistleblowers to report criminal activity and cooperate with government investigations in exchange for substantial monetary payouts in the…more

CEOs, CFOs, Compliance, COOs, Corporate Crimes

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Jonathan Pizarro-Ross

SBA Revisions Expand Paycheck Protection Program Eligibility And Loan Forgiveness

On June 19 and June 22, 2020, the Small Business Administration (“SBA”) issued new revisions to their First Interim Final Rule concerning the Paycheck Protection Program (“PPP”). The Revised Interim Final Rule and the Revisions…more

CARES Act, Coronavirus/COVID-19, Interim Rule, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Gita Rothschild

UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Mario Russo

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

Christine Ryan

Trump Imposes 30 Percent Tariff On Solar Imports

On Monday, January 22, President Donald Trump issued a highly anticipated decision in the Section 201 safeguard investigation of crystalline silicon photovoltaic cells and modules. The president’s decision will result in a 30…more

China, Imports, International Trade Commission (ITC), Solar Panels, Tariffs

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Jeffrey Safran, PhD

End of Line: Supreme Court Deletes AI Inventorship

The Supreme Court dealt the latest blow in Dr. Stephen Thaler’s continuing quest for recognition of AI inventorship of patents, by denying certiorari in Thaler v. Vidal (No. 22-919). Despite support of Dr. Thaler from numerous…more

Artificial Intelligence, Computer-Related Inventions, Copyright Office, Inventors, Patent Act

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Lawrence Sannicandro

Taxpayers That Paid The Net Investment Income Tax Or The Additional Medicare Tax Should Consider Filing Protective Claims For Refund

Individuals, estates, and trusts that paid significant amounts of the 3.8% net investment income tax or the 0.9% additional Medicare tax in 2016 or later years should consider filing protective claims for refund of those taxes…more

Affordable Care Act, Capital Gains, Health Insurance, Income Taxes, IRS

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Adam Saravay

New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme…more

ABC Test, Corporate Counsel, Employer Liability Issues, Independent Contractors, NJ Supreme Court

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Sarah Schaeffer-Roth

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v. Avon…more

Appellate Courts, Asbestos, Asbestos Litigation, Causation, Foreign Persons

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Scott Seger

2021 Amendments To Delaware Corporate Law And Alternative Entity Statutes

The 2021 amendments to the Delaware General Corporation Law (the DGCL), the Delaware Revised Uniform Partnership Act (the DRUPA), the Delaware Revised Uniform Limited Partnership Act (the DRULPA), and the Delaware Limited…more

Corporate Governance, LLC Agreements, Partnerships, Public Benefits, Stocks

See all updates »

Jacqueline Shanes

New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

See all updates »

Anne Shannon

Substantial Increase In US Trademark Fees Will Ring In New Year 2021

If you are considering filing a new trademark application or maintaining an existing registration, you may want to file your submission before the end of 2020. The United States Patent and Trademark Office (USPTO) will increase…more

Maintenance Fees, Trademark Application, Trademark Registration, Trademark Trial and Appeal Board, Trademarks

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David Shipley

Deferral Of State Income Tax Filings And Payments

A number of states have extended filing and payment deadlines. The following is a summary of the status of extensions for states within the McCarter & English footprint: Connecticut- •The Connecticut Department of Revenue…more

Coronavirus/COVID-19, Filing Deadlines, Income Taxes, Relief Measures, State Taxes

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Jonathan Short

New Jersey Biotechnology Task Force Recommends Angel Investor Tax Credit Program Expansion

Good news for investors and entrepreneurs: The New Jersey Biotechnology Task Force (Task Force) has published its final report and recommendations to expand the Angel Investor Tax Credit Program with the goal of incentivizing…more

Angel Investors, Biotechnology, Investors, Life Sciences, Tax Credits

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Jacob Shulman

US Merger Filing Thresholds and Filing Fees 2024 Updates

Annually, the Federal Trade Commission (FTC) reviews and adjusts the premerger notification reporting thresholds for reporting acquisitions of voting securities, assets, or noncorporate interests (each a Transaction) under the…more

Civil Monetary Penalty, Consumer Price Index, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Lori Shyavitz

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Daniel Silver

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

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William Simmerson

FERC Mandates Remote Proceedings

The Federal Energy Regulatory Commission (FERC) has adapted swiftly to being physically closed to the public due to the pandemic. Energy industry participants should understand that wholesale energy regulation is moving forward…more

Coronavirus/COVID-19, Environmental Litigation, FERC, Pandemic, Remote Working

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Matthew Sklar

The Third Circuit Shares Some Food For Thought On The Bounds Of Trade Dress Protection

The overall look of a product – including the look of a snack or a treat – may be entitled to intellectual property protection as “trade dress.” But the protection of the overall look of a product as trade dress is neither…more

Appellate Courts, Corporate Counsel, Infringement, Intellectual Property Protection, Trade Dress

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Scott Smedresman

California Strikes Back…For Data Privacy!

Well, California is at it again. Less than one year after the California Consumer Privacy Act (“CCPA”) took effect, the people of California voted to approve Proposition 24 (aka the California Privacy Rights Act, the “CPRA”) on…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cloud Storage, Consent

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Sarah Smith

Disclosure Industry Working Group Encourages Timely Covid-19 Disclosures

The Disclosure Industry Working Group reminds issuers that applicable filing deadlines have not been extended by either the U.S. Securities and Exchange Commission (SEC) or the Internal Revenue Service (IRS), and encourages all…more

Compliance, Coronavirus/COVID-19, Disclosure, EMMA, Filing Deadlines

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Shawn Smith

Connecticut Updates Guidance on PFAS Drinking Water Action Levels

On June 15, 2022, the Connecticut Department of Public Health (DPH) revised its non-binding standards for Per- and Polyflouroalkyl Substances (PFAS)—and also renewed its call for public water systems to test for PFAS and take…more

Connecticut, New Guidance, PFAS, Public Health, State Health Departments

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Benjamin Smyth

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

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David Sorin

New Jersey Creates Venture Capital Fund To Supercharge Investment Into Early-Stage And Emerging Growth Companies In The State

New Jersey Governor Phil Murphy is expected to sign into law the New Jersey Innovation Evergreen Act in the coming days/weeks. Pursuant to the Act, the New Jersey Economic Development Authority (the NJEDA) will create a fund,…more

Capital Investments, Economic Development, Emerging Growth Companies, Governor Murphy, New Jersey

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Jared Sorin

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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Peter Stergios

The Coronavirus: Up-To-Date Guidance For Employers

Now that cases of the coronavirus disease (dubbed “COVID-19” by the World Health Organization) have been diagnosed in several states, businesses are increasingly encountering a variety of employment-related issues. Here are some…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases

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Ian Sterlin

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Adam Sternbach

New Jersey Creates Venture Capital Fund To Supercharge Investment Into Early-Stage And Emerging Growth Companies In The State

New Jersey Governor Phil Murphy is expected to sign into law the New Jersey Innovation Evergreen Act in the coming days/weeks. Pursuant to the Act, the New Jersey Economic Development Authority (the NJEDA) will create a fund,…more

Capital Investments, Economic Development, Emerging Growth Companies, Governor Murphy, New Jersey

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Tiffany Stevens

Commercial Real Estate Closings Move Forward During COVID-19 Pandemic-UPDATED April 15 2020

Although the COVID-19 pandemic is requiring changes in standard practices, many commercial real estate transactions are continuing to close—albeit with various logistical adjustments. To help keep closings on track, we discuss…more

Closing Date, Commercial Real Estate Market, Coronavirus/COVID-19, Electronic Notarization Standard, Governor Lamont

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Emily Streett

U.S. Regulators Require Banks And Bank Affiliates To Amend Contracts With Utilities

New rules adopted by federal banking regulators will affect many electric power, natural gas, and other contracts between banks or their affiliates and their utility counterparties, including public power, cooperative, and…more

Banking Sector, Banks, FDIC, Qualified Financial Contracts (QFC), Utilities Sector

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Jennifer Black Strutt

Courts Find Coverage For COVID-19 Business Interruption Losses

Policyholders are hailing two recent victories in their pursuit of insurance coverage for COVID-related business interruption losses. A North Carolina court granted a policyholder summary judgment that a commercial property…more

All-Risks Insurance, Business Closures, Business Interruption, Business Losses, Coronavirus/COVID-19

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Adam Swanson

New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,…more

Commercial Real Estate Market, Connecticut, Default, Foreclosure, Investors

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William Taylor, Jr.

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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Jeffrey Testa

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

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James Thomson

Sovereign Immunity Does Not Shield State-Owned Patents From Inter Partes Review

States and their agencies, particularly state universities, are often parties to patent infringement litigation in federal courts. An increasingly common defense to infringement allegations is to ask the Patent Office to…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patents, Sovereign Immunity

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Catherine Tung

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY…more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

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Ashley Turner

US Merger Filing Thresholds and Filing Fees 2024 Updates

Annually, the Federal Trade Commission (FTC) reviews and adjusts the premerger notification reporting thresholds for reporting acquisitions of voting securities, assets, or noncorporate interests (each a Transaction) under the…more

Civil Monetary Penalty, Consumer Price Index, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Franklin Turner

Supply Chain Checkup: FAR Council Announces New Rulemaking Focused on Prohibiting Certain Semiconductor Acquisitions

If you happen to be a government contractor and are contemplating additions to your Summer reading list, consider adding the FAR Council’s May 3, 2024 advanced notice of proposed rulemaking (“ANPR”) to the mix. The ANPR, which…more

Advanced Notice of Proposed Rulemaking (ANPRM), Covered Entities, Federal Acquisition Regulations (FAR), Federal Contractors, National Security

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Matthew Uretsky

Finders Keepers

SEC Proposes to Allow Finders to Receive Transaction-Based Compensation in Certain Limited Circumstances Without Having to Register as a Broker-Dealer- In an effort to help small and emerging businesses raise capital, the…more

Accredited Investors, Broker-Dealer, Capital Raising, Due Diligence, General Solicitation

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Michele Vaillant

SEC Adopts New Executive Compensation Clawback Rules for Public Companies

On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and…more

CEOs, CFOs, Clawbacks, Consumer Protection Act, Dodd-Frank

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Stephen Vajtay Jr.

Taxpayers That Paid The Net Investment Income Tax Or The Additional Medicare Tax Should Consider Filing Protective Claims For Refund

Individuals, estates, and trusts that paid significant amounts of the 3.8% net investment income tax or the 0.9% additional Medicare tax in 2016 or later years should consider filing protective claims for refund of those taxes…more

Affordable Care Act, Capital Gains, Health Insurance, Income Taxes, IRS

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Alexandra Viqueira

New Jersey General Election Results

The results from New Jersey’s 2023 general election delivered fascinating insights into the state’s political landscape. All 120 seats in the Legislature were on the ballot, contested under a newly redrawn legislative map…more

Election Results, General Elections, New Jersey, Political Candidates, Political Parties

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Richard Voigt

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, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Agencies

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William Wallach

New Jersey Supreme Court Affirms The Proper Scope Of Shareholders’ Right To Inspect Books And Records

The New Jersey Supreme Court affirmed per curiam the Appellate Division’s decision in R.A. Feur v. Merck & Co., Inc. and its strict adherence to the New Jersey corporate statute N.J.S.A. 14A:5-28 governing “books and records”…more

Books & Records, Inspection Rights, Shareholder Litigation, Shareholder Rights, Shareholders

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Meredith Walsh

Benefit Plan Deadlines Extended, Enforcement Standards Relaxed by DOL And IRS During Pandemic

The U.S. Department of Labor’s Employee Benefits Security Administration and the IRS recently issued the following coordinated guidance providing additional relief to employee benefit plan sponsors, fiduciaries, participants,…more

COBRA, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance

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Matthew Wapner

What’s In Your Contract: A Primer On Force Majeure Provisions

Since its insurgence in China’s Hubei province in December 2019, the novel coronavirus (“COVID-19”) has wreaked havoc on human health and life globally. With federal, state, and local governments in the United States and abroad…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Jane Kimball Warren

Connecticut Updates Guidance on PFAS Drinking Water Action Levels

On June 15, 2022, the Connecticut Department of Public Health (DPH) revised its non-binding standards for Per- and Polyflouroalkyl Substances (PFAS)—and also renewed its call for public water systems to test for PFAS and take…more

Connecticut, New Guidance, PFAS, Public Health, State Health Departments

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Natalie Watson

Expansiveness of TCPA Limited by ACA’s Win in FCC Lawsuit

On March 16, 2018, the United States Court of Appeals, in a 3-0 decision, sided with ACC International in its challenge to the Federal Communications Commission’s (“FCC’s”) July 10, 2015, Omnibus Order (“Order”), through which…more

ATDS, Auto-Dialed Calls, Cell Phones, Declaratory Rulings, FCC

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Steven Weisman

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Danielle Weslock

Your Small Business May Be Eligible To Supplement Its Paycheck Protection Program Loan With An SBA Economic Injury Disaster Loan

The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) expanded the existing Economic Injury Disaster Loan program (“EIDL”) by streamlining the application process and providing lower interest rates and longer…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, SBA, SBA Lending Programs

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David White

US Supreme Court’s Ruling Favors Debt Collectors In Fair Debt Collection Practices Act Decision

Rotkiske v. Klemm, 589 U.S. (2019) In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act (“FDCPA”) has one year from the alleged violation to file suit…more

Cause of Action Accrual, Credit Cards, Debt Collectors, Default Judgment, Discovery Rule

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Matthew Windman

New Jersey Law Will Permit Small Businesses to Cure Certain First-Time Violations

Small New Jersey businesses may be granted 60 days to cure certain first-time violations before a monetary fine or civil penalty is imposed under a new state law that took effect on June 19, 2023. The bill (A-4753/S-3208) was…more

Governor Murphy, New Jersey, New Legislation, Public Safety, Small Business

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Matthew Wright

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp Focus

Parties litigating False Claims Act (FCA) cases have long struggled with a thorny question around the essential element of scienter (the defendant’s intent, or state of mind): What/how much does a contractor need to know when…more

Contractors, False Claims Act (FCA), Federal Contractors, Invoices, Medicare

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Cara Wulf

CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense (DoD)…more

Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Contracts, Department of Defense (DOD)

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Daniel Zazzali

New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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