McCarter & English, LLP

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

  • 973.622.4444
  • 973.624.7070

The Clean Power Plan: A View from FERC, Part II - Infrastructure

Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Clean Power Plan: A View from FERC

It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean Power…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Employers: Properly Administer Nonqualified Deferred Compensation Plans, or You May Be Held Liable to Participants for Adverse Tax Consequences

An employer’s liability to retirees for “improper” FICA tax withholding illustrates the importance of diligent administration of nonqualified deferred compensation plans. In the recent case of Davidson v. Henkel Corp., a…more
| Labor & Employment Law, Finance & Banking, Taxation

Inter Partes Review Proceedings Continue to Be an Efficient and Effective Way to Address Patent Infringement Allegations in Light of a Recent Federal Circuit Decision

A recent court decision suggests that it may be even easier to invalidate patent claims via a relatively quick proceeding before the U.S. Patent and Trademark Office (“PTO”) – known as inter partes review (“IPR”) – as compared…more
| Civil Procedure, Intellectual Property

SBICs Given Additional Flexibility to Structure Their Investments

Summary - The Small Business Administration (SBA) adopted revisions to its regulations, loosening its prohibition on small business investment companies (SBICs) investing in passive businesses. Under the revised…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act

Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Private Equity: SEC Custody Rule—One Size Does Not Fit All

As a result of the Dodd-Frank Act, since 2012 investment advisers that operate pooled investment vehicles such as hedge funds and private equity funds with $150 million of assets under management became subject to the Investment…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Preparing for and Recovering from Winter Storm Juno - Insurance Coverage Alert

Winter storm Juno is expected to hit this evening and last through Wednesday, impacting businesses from the Mid-Atlantic to New England. Millions may be affected by power outages and travel disruptions, and many may suffer…more
| Commercial Law & Contracts, Insurance, Real Estate - Commercial

Supreme Court Refines the Federal Circuit’s Standard of Review for Claim Construction

The Federal Circuit’s high rate of reversal of district court claim constructions is well documented. The de novo standard of review applied by the Federal Circuit to all aspects of claim construction has played a large part in…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

It’s That Time Again! Tax Appeals in Connecticut: Know When to File

The deadline for appealing Connecticut local property taxes is approaching. If you are considering appealing local property taxes this year, the following is a general explanation of Connecticut’s appeal procedure and deadlines…more
| Civil Procedure, Real Estate - Residential, Taxation, Real Estate - Commercial

Better SAFE Than Sorry? A New Way to Finance Start-ups

The game for fledgling companies and their investors is early-round, seed-stage financings, and there’s a new player in town. Already embraced by West Coast venture capitalists and start-ups, SAFEs – Simple Agreements for Future…more
| Commercial Law & Contracts, Finance & Banking

New Jersey Tax Appeal Time - Tax & Benefits Alert

It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2015 appeal…more
| Real Estate - Residential, Taxation, Real Estate - Commercial

Rising Sea Levels and Prohibited "Takings" - A Different Sort of Climate Change Litigation

A little noted anniversary passed this past week. The odd 2009 storm, Nor’Ida (the progeny of a nor’easter and a hurricane), swept along the east coast pounding some areas with record storm surge five years ago in the second…more
| Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

QSBS Tax Incentives Extended . . . For Now - Venture Capital and Early Stage and Emerging Companies Alert

What happened? - In the wee hours of December 16th, Congress passed H.R. 5771, the Tax Increase Prevention Act of 2014 (“TIPA”), a stopgap measure that, among other things, retroactively extends certain tax incentives that…more
| Business Organizations, Finance & Banking, Securities Law, Taxation

After New Connecticut Law, Sharing the Road also Means Sharing the Costs

Connecticut has enacted a new law, Public Act 14-67 (the “Act”), that now by statute allocates the costs to maintain, repair, and restore private easements and rights-of-way among certain users of those rights. The Act took…more
| Real Estate - Residential
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