McCarter & English, LLP

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

  • 973.622.4444
  • 973.624.7070

A Provisional Winner of an Offshore Wind Lease is Announced and that Means the Goal Line is Still Far Off

Offshore wind took another small step forward last week when US Wind was announced as the provisional winner of the US Bureau of Ocean Energy Management's August 19 auction of development rights to nearly 80,000 acres off of…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Government Contracting

And Now More Disclosure Requirements for Federal Contractors – Employee Compensation

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

Super Models Are Looking Better Than Ever - What Does That Mean For Insureds?

A recent article in August’s Best’s Review, The Rise of the Super Models, by Kate Smith (not Kate Upton, sorry), caught our eye. A lot is going on in the world of computer catastrophe modeling. First, demand by insurers and…more
| Commercial Law & Contracts, Insurance, Science, Computers, & Technology

New retainage law goes into effect November 6

Massachusetts enacted a new retainage law that will require owners, prime contractors and subcontractors to pay retainage according to the law’s terms on a construction contract if... …more
| Commercial Law & Contracts, Construction Law, Real Estate - Residential, Real Estate - Commercial

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

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

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
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Executive Order Continues Focus on Labor Laws for Contractors

Under an Executive Order signed by President Obama on July 31, 2014, contractors and subcontractors are faced with a wave of new obligations concerning labor laws and pre-dispute arbitration agreements. The provisions of the…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting

Whistleblower Expenses Not Allowable

Under a new final rule, contractors and subcontractors may not seek to recover from the government their legal costs and expenses incurred in connection with whistleblower retaliation claims. The Department of Defense, the…more
| Civil Remedies, Labor & Employment Law, Government Contracting

The New Bucket List: NOAA’s Top Sites for Increased Nuisance Flooding

"Seawater on the streets.” One immediately knows that, notwithstanding the alliterative allure, something is not right. And when one is in Annapolis, Maryland, and the Alex Haley Scuplture Group is literally reading in the…more
| Environmental Law, Zoning, Planning & Land Use

What Investment Advisers Need to Know About Using Proxy Advisers

On June 30, 2014, the SEC issued long-awaited guidance on an investment adviser’s use of third-party proxy advisory firms such as ISS and Glass Lewis. Due to a number of regulatory developments over the past ten years,…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

U.S. Brokers Doing Business Overseas

Recently, regulators have made inquiries about the lawfulness of U.S. brokerage firms soliciting foreign clients. The regulators want to know under what exemptions or rules U.S. firms can do business overseas. This is a new…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

D.C. Circuit Overturns Lower Court Ruling and Reaffirms the Ability of In-House Counsel to Conduct Internal Investigations

In a significant decision issued last week reaffirming the importance of the attorney-client privilege in connection with internal investigations, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court ruling that…more
| Civil Procedure, Commercial Law & Contracts, Government Contracting

What Private Equity Fund Managers Need to Know About SEC Examinations

Prior to the passage of the Dodd-Frank Act, a private equity manager was exempt from federal regulation under the Investment Advisers Act of 1940 (the “Advisers Act”) so long as it managed fewer than 15 private equity funds. The…more
| Finance & Banking, Securities Law

Significant Changes to Massachusetts Site Remediation Regulations

The Massachusetts Department of Environmental Protection (DEP) has made significant changes to the regulations governing the cleanup of contaminated sites in the Commonwealth (310 C.M.R. §§40.0000, et seq., known as the…more
| Commercial Law & Contracts, Environmental Law, Toxic Torts, Real Estate - Commercial
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