McCarter & English, LLP

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

Capital Raising? 2014 Observable Trends for Seed and Early Stage Financings – AlleyWatch Reviewed Approximately 200 Capital Raising Companies

As counsel to scores of companies in capital raising mode at any point in time, my colleagues and I regularly are asked questions by entrepreneurs regarding the valuations and other terms they should expect to receive from…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

April Fool's Day Sees National Flood Insurance Rates Rise

So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it. Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising between…more
| Commercial Law & Contracts, Environmental Law, Insurance, Real Estate - Residential, Real Estate - Commercial

Florida’s Solar Conundrum

Despite ranking third in the nation for rooftop solar potential, the "Sunshine State" is 13th in cumulative solar capacity installed (dreary New Jersey is 3rd). This is the result of a state without a renewable energy portfolio…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

In Long-Awaited SEC Action – Access to Capital for Entrepreneurial Startups Facilitated by New Rules - Venture Capital and Emerging Companies Alert

On March 25, 2015, in a long-awaited action by the SEC, the regulatory agency finally made a bold move intended to facilitate access to capital for entrepreneurial, high tech startups and other smaller companies. Pursuant to the…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Supreme Court Seals Tight a TTAB Decision

In a recent case that will raise the stakes for companies involved in contentious administrative trademark proceedings, the U.S. Supreme Court held that the administrative tribunal, the Trademark Trial and Appeal Board (TTAB),…more
| Administrative Law, Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

The Clean Power Plan: A View from FERC, Part IV - Economic v. Environmental Dispatch, Please

It’s been a long winter in my neck of the woods and not because Punxsutawney Phil saw his shadow. Pipes froze. Twice. Furnace was out overnight. Broke three shovels. So I had a particular interest this past Wednesday, March…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

A View from the FERC - Part III - Time to Keep the Lights On

Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners to hear the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

New Pipeline Safety Rules: What You Need to Know

Executive Summary - New regulations for pipeline construction, safety and transportation issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), which is an agency of the Department of Transportation…more
| Administrative Law, Energy & Utilities, Transportation

Community Solar - A New Path in Illinois

This week, the Chicago Tribune reports that the Citizens Utility Board (CUB) and the Environmental Defense Fund (EDF) filed a petition with the Illinois Commerce Commission (ICC) to require Commonwealth Edison Company (ComEd) to…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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Four Gateway Center 100 Mulberry St.
Newark, NJ 07102, United States

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