McCarter & English, LLP

"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

KISS the SAFE Goodbye? Another Alternative for Start-up Financing

Only recently, we debated the merits of the SAFE (Simple Agreement for Future Equity), an alternative funding mechanism for early-stage companies designed to replace the industry-standard convertible note financing…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking

Is It the Best of Times? Is It the Worst of Times?

With the first quarter of 2015 behind us, the level of venture capital and angel investor financing deals for the greater New York/New Jersey region’s tech and tech-enabled companies continues to remain strong, with highly…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology

NERC's Polite Review of the Clean Power Plan: A "Challenge"

When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Texas Changes the Goal(s)

The news in 2015 is the proposed repeal of the renewable portfolio standard (RPS). Back in 1999, when they deregulated the electric market, Texas adopted an aggressive RPS of 10,000 MW by 2025 (including 500 MW of non-wind…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

In re Murray Energy - the First Clean Power Plan Donnybrook

Friday morning found us at the E. Barrett Prettyman Courthouse in Washington, hoping to take in the oral argument before the DC Circuit in the first (of what is certain to be many) challenge to the Clean Power Plan: In re…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

A Warning to 401(k) Plan Sponsors Relying on Third-Party Administrators (TPAs)

A recent news bulletin from the IRS serves as a cautionary reminder that plan sponsors retain responsibility for the proper administration of participant hardship distributions and loans, and related recordkeeping requirements,…more
| Labor & Employment Law, Finance & Banking, Taxation
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