McCarter & English, LLP

Court Extends Kemper Insurance Company’s Contingent Claims Filing Deadline

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

Expanding Cybersecurity Safeguarding Requirements, Reporting Obligations, and Cloud-Based Security: A Brief Guide to Understanding DoD’s Interim Rule for Contractors

The United States Department of Defense promulgated an “interim” rule, effective August 26, 2015, which placed imposing and costly burdens on all DoD contractors and subcontractors (including small businesses and commercial item…more
| Commercial Law & Contracts, Electronic Discovery, Privacy, Science, Computers, & Technology, Government Contracting

Food and beverage industry target of new supply chain composition and disclosure suits. Are you covered?

As if risks relating to product recalls, product labeling, and food contamination were not enough, the food and beverage industry now faces potential liability in connection with the alleged composition of its global supply…more
| Commercial Law & Contracts, Consumer Protection, Insurance, International Law & Trade

SEC (Finally) Adopts New Equity Crowdfunding Rules, Promoting Increased Access to Capital and Democratization of Investment Opportunities

Late last week, the SEC adopted its final rules for equity crowdfunding under Title III of the JOBS Act. These rules, when implemented, have the promise of reducing the cost and increasing the availability of sorely needed…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology, Securities Law

At Long Last – Allocation and Accounting Rules

Good things come to those who wait. The tax-exempt bond industry has waited 18 years for a missing reserved section of the private activity bond regulations, the allocation and accounting regulations, Treas. Reg. Section…more
| Finance & Banking, Nonprofit Law, Real Estate - Commercial, Taxation, Zoning, Planning & Land Use

Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall

Food recalls are on the rise as consumer protection regulations become more stringent, and they can be costly events. There can be significant expenses associated with removing impacted products from stores; reimbursing…more
| Commercial Law & Contracts, Consumer Protection, Insurance, Products Liability

EPA Clean Power Plan Considerations: Wheeling Renewable Power

Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to…more
| Energy & Utilities, Environmental Law

Delaware Domicile

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

ORECs or ERCs: How Will New Jersey Pay for Offshore Wind?

On November 9, 2015, the federal Bureau of Ocean Energy Management (“BOEM”) will hold the fifth auction of leases for space on the Outer Continental Shelf in the Atlantic Ocean, this one offshore New Jersey. BOEM will offer…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Kemper Insurance Company Contingent Claims Filing Deadline Is Fast Approaching: What You Need To Know - M&E Insurance Coverage Alert

Lumbermens Mutual Group, formerly known as Kemper Insurance Company (or just as Kemper), is comprised of Lumbermens Mutual Casualty Company, American Motorists Insurance Company, and American Manufacturers Mutual Insurance…more
| Bankruptcy, Commercial Law & Contracts, Insurance

Keep Calm and Data Transfer On (… mostly … for now) - M&E Cybersecurity & Data Privacy Alert

Most of you already have Twitter feeds, Facebook pages, and—the aged among you—in-boxes overflowing with news about yesterday’s decision from the European Court of Justice (“ECJ”). Some of you read each message, anxiously…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements

?A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Academic Institutions Are Under Cyber Attack

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

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
| Health, Labor & Employment Law

Just in Time for Labor Day – Employees You Didn’t Know Were Yours

The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for…more
| Commercial Law & Contracts, Labor & Employment Law
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