McCarter & English, LLP

New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies

The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail”…more
| Commercial Law & Contracts, Insurance, Toxic Torts

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

Until now, employers seeking relief for trade secret misappropriation were limited almost exclusively to state law remedies. With the enactment of the Defend Trade Secrets Act (“DTSA”) on May 11, 2016, employers now have federal…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

Health Law Insights Newsletter - Issue 9 - May 2016

NATIONAL - Medicare Proposes New Part B Payment System - The Center for Medicare and Medicaid Services (CMS) on April 27 proposed a new rule that would transform Medicare Part B reimbursement to practitioners into a…more
| Elections & Politics, Government Contracting, Health, Privacy, Taxation

Product Recalls and Insurance: Considerations to Maximize Covered Expenses

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

Delaware Law Updates - Demand Refused Rule 23.1 Explained by the Delaware Court of Chancery

In a recent decision out of the Delaware Court of Chancery – Friedman v. Maffei et al., C.A. No. 111105-VCMR – the court’s second-newest member, Vice Chancellor Montgomery-Reeves, dismissed a proposed derivative complaint on the…more
| Business Organizations, Civil Procedure, Finance & Banking, Mergers & Acquisitions, Securities Law

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
| Energy & Utilities, Environmental Law, Real Estate - Commercial, Taxation, Zoning, Planning & Land Use

Health Law Insights Newsletter - Issue 8 - April 2016

McCarter & English, LLP’s Health Care Group presents Issue 8 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - New Payment Model for Part B Drugs Proposed -…more
| Elections & Politics, Health, Insurance, Privacy, Science, Computers, & Technology

Delaware Law Updates - Delaware law on advancement of fees incurred by former officers and directors

In a recent Delaware Court of Chancery case - Hyatt v. Al Jazeera America Holdings II, LLC, C.A. No. 11465-VCG - Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery took on a “familiar” issue with a “twist”: the…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and…more
| Construction Law, Real Estate - Commercial, Zoning, Planning & Land Use

Union Organizing Update: Quickie Union Election Rules Combined with New Persuader Regulations Emphasize Need for Advance Planning

With private sector union representation at historic lows – just 6.7% of the workforce – many employers have given little thought to how they would respond to a union organizing petition. However, two legal developments, one a…more
| Commercial Law & Contracts, Labor & Employment Law

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

Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Privacy, Insurance

What is President H.R. Clinton’s Energy Policy?

Even as the number of 2016 presidential candidates in both parties has dwindled, the media -- particularly television news -- has yet to focus on an in-depth discussion of the candidates’ policy proposals. While it was…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Private Equity Funds Liable for Portfolio Company's Pension Obligations

A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans…more
| Bankruptcy, Civil Procedure, Labor & Employment Law, Finance & Banking, Taxation

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

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

340B Drug Discounts: Potential HRSA Policy Shift May Limit Eligibility for Preferred Pricing

The 340B drug pricing program requires drug makers to offer covered outpatient drugs to safety net hospitals and certain other designated healthcare providers at discounted prices. A potential shift in how the governing agency…more
| Health, Science, Computers, & Technology
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Contact

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

  • 973.622.4444
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Areas of Practice
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400+ Attorneys

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