McCarter & English, LLP

"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

New Delaware Law Invalidates “Fee-shifting” and Validates "Forum-selection" Provisions

Prohibition on Fee-Shifting Provisions - The legislation signed into law last week responds to the Delaware Supreme Court’s decision in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) in which the Court…more
| Business Organizations, Civil Remedies

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?

The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS Rule. Until…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

1f You Can R3ad Th15 – Security and Scam Alert

You may think there is no value in chasing domain name squatters because customers find your website through search engines, but consider squatters as internal and external security risks. A constantly evolving threat, there are…more
| Labor & Employment Law, Privacy, Science, Computers, & Technology

Update on the Massachusetts Earned Sick Time Law: What Employers Need to Do by July 1, 2015

The Massachusetts Earned Sick Time Law (the “ESTL”) becomes effective next month, imposing significant obligations on all employers to provide up to 40 hours of earned sick time to Massachusetts employees. By July 1, 2015,…more
| Labor & Employment Law

Things You Can’t Un-See … Such As Trade Secrets

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the need…more
| Business Torts, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

A Key Reminder to Directors of Delaware Corporations When Granting Equity Awards under an Equity Incentive Plan

Corporate directors routinely make decisions regarding their own compensation. If challenged by stockholders, such decisions are generally reviewed by Delaware courts under the onerous "entire fairness" standard, which requires…more
| Business Organizations, Business Torts, Civil Procedure

The Supreme Court Continues Stability In The Secondary Mortgage Market

On Monday, the Supreme Court reaffirmed the principle that junior “underwater” residential mortgage liens can “pass through” a bankruptcy case unaffected. In Bank of America, N.A. v. Caulkett, the Supreme Court held that…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

Houston Flooding and Lawyers - A Climate Change Informed View

Occasionally we venture a posting on how lawyers’ business plans incorporate climate change. We have not been a hopeful cheerleader, primarily because our observations confirm that clients don’t hire climate change lawyers,…more
| Commercial Law & Contracts, Environmental Law, Insurance, Law Firm Marketing

Websites Required to Post "About Us" Contact Info Under New Florida Law

Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Consumer Protection, Intellectual Property, Science, Computers, & Technology

Floods in Texas, Flood Mapping, Flood Dollars

Floods on the Rio Blanco these past few days demonstrate the link to climate change, but not in the way you think. It was a horrible Memorial Day weekend in Hays County, Texas. At least three people died from the worst…more
| Administrative Law, Environmental Law, Zoning, Planning & Land Use
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