McCarter & English, LLP

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

M&A: How to Maximize Your Return When Selling Your Business

As a family or private business owner, you know how to sell your product or service. But do you know how to sell the company itself? Selling a business that has been built over the years is emotional and stressful, and for most…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions

How Large Energy Users Should Respond to the Clean Power Plan

When the Environmental Protection Agency (“EPA”) released its widely anticipated Clean Power Plan (the “CPP”), a Final Rule regulating carbon dioxide emissions from the nation’s existing electric generating facilities, the…more
| Energy & Utilities, Environmental Law

Opportunities for Renewables Get Big Boost in Final Clean Power Plan

The Obama Administration’s final Clean Power Plan (CPP) is an attempt to curb climate change and, at the same time, will create a new pipeline of opportunities for developers, sellers and purchasers of renewable energy (RE)…more
| Energy & Utilities, Environmental Law

M&A: Facilitate Deal-Making through the Use of Representation and Warranty Insurance

In this frothy, seller-driven M&A market, representation and warranty insurance can help bridge the gap between a buyer and seller and facilitate deal-making. In M&A transactions, a seller seeks to limit the extent to…more
| Mergers & Acquisitions, Insurance, Securities Law

"Want Coke? Buy Pepsi!” Is This Confusing?

Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Six Tips for Generating Buzz Without Getting Stung

A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the…more
| Communications & Media Law, Consumer Protection

New Pennsylvania Law to Simplify Entity Transactions

Pennsylvania’s new Entity Transactions Law is expected to streamline the process of effecting certain fundamental changes or change of control transactions. Effective July 1, 2015, companies doing, or wishing to conduct,…more
| Business Organizations, Mergers & Acquisitions, Taxation

FTC Eyes Kickstarter Campaigns for Consumer Protection

Most Kickstarter projects never reach the funding threshold, so funders never pay anything into the venture. However, as shown by recent enforcement action, agencies such as the FTC (Federal Trade Commission) have become…more
| Communications & Media Law, Consumer Protection, Finance & Banking
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Four Gateway Center 100 Mulberry St.
Newark, NJ 07102, United States

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