McCarter & English, LLP

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Four Gateway Center
100 Mulberry St.
Newark, NJ 07102, United States
Phone: 973.622.4444
Fax: 973.624.7070
Practice Groups
Areas Of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Class Action
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • Delaware
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
100+ Attorneys

Remote Notarizations Temporarily Authorized In New Jersey During Coronavirus Pandemic

On April 14, 2020, New Jersey Governor Phil Murphy signed into law a bill that allows a notary public or other officer authorized to take oaths, affirmations, affidavits and acknowledgments in the State of New Jersey (e.g.,…more

Coronavirus/COVID-19, Executive Orders, Governor Murphy, Notarization, Virtual Notarization Procedures

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Third Circuit Ruling Impacts Oil & Gas Industry

The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers. Applying Delaware law, the Third Circuit explained that the upstream producers…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Energy Sector, Oil & Gas

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Beneficial Ownership Reporting under the Corporate Transparency Act—What to Do Now?

Effective January 1, 2024, the Financial Crimes Enforcement Network’s (FinCEN’s) final rule under the Corporate Transparency Act (CTA) will require certain companies to file a report with FinCEN…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Ownership Interest

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Patent Office Excuses Certain Filing Deadlines And Fees In Response To COVID-19

The United States Patent and Trademark Office (USPTO) recently issued several notices excusing certain filing deadlines and fees to ease the burden on patent filers during the COVID-19 pandemic. But because these relief measures…more

Coronavirus/COVID-19, Infectious Diseases, Patent Applications, Patents, USPTO

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Investors Beware: Avoid Knee-Jerk Response To Eliminate Investor Protective Provisions Without First Determining If They Negatively Impact PPP Eligibility

As small businesses backed by venture capital or private equity analyze whether they may qualify for the benefits of the SBA Paycheck Protection Program (PPP), we are starting to see “knee-jerk” reactions by many of these small…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA, Small Business

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

See all updates »

Recent Congressional Hearings Signal Major NIL Changes Are Coming

University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this…more

Alston v NCAA, Colleges, Employees, Fair Labor Standards Act (FLSA), Name and Likeness

See all updates »

[Webinar] Ask the Attorneys: Your Reopening, Workplace Safety, and Remote Work Questions Answered - September 15th, 1:00 pm - 2:00 pm EDT

As the COVID-19 pandemic continues to impact businesses around the country, employers face ongoing questions around reopening, workplace safety, and remote work. Our employment attorneys, Christopher Mayer, Kristy Avino, and…more

Best Practices, Coronavirus/COVID-19, EEO, Employer Responsibilities, Federal Labor Laws

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Growth In CEO Pay Since 1990

For the period 1990 through 2016 median CEO pay grew by over 400 percent. If annualized CEO pay growth thus far in the current decade continues for the rest of the decade, the end-of-decade median CEO pay level will have…more

CEOs, Disclosure Requirements, Executive Compensation, Pay Ratio, Proxy Statements

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Connecticut’s “Stay Safe, Stay Home” Order Restricts In-Person Workplace Operations Of Non-Essential Businesses

Connecticut Governor Ned Lamont issued Executive Order No. 7H (the “Stay Safe, Stay Home Order”) directing that all non-essential businesses and not-for-profit entities operating in the state prohibit in-person operations at…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Quarantine

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Chapter 11 Debtors With Confirmed Plans Are Now Eligible For PPP Loans

The Small Business Administration (SBA) published new guidance declaring Chapter 11 debtors with confirmed plans as eligible for Paycheck Protection Program (PPP) loans. The new guidance creates an exception to the SBA’s blanket…more

Bankruptcy Court, CARES Act, Chapter 11, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

See all updates »

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

Case Summary: Parseghian v. Frequency Therapeutics, Inc.

In Parseghian v. Frequency Therapeutics, Inc., the Delaware Court of Chancery dismissed a complaint for failure to state a claim as to Count II, which alleged that defendant Lucchino (the CEO of Frequency Therapeutics) breached…more

Breach of Duty, Cleanup Doctrine, Duty of Loyalty, Equitable Relief, Fiduciary Duty

See all updates »

Barking up the Wrong Tree: SCOTUS Sides with Jack Daniels in Bad Spaniels “Parody”

Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a…more

First Amendment, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion, Parody

See all updates »

DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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Does Not Compute: UK Supreme Court Rules That AI-Generated Inventions Cannot Receive Patents

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for patent…more

Artificial Intelligence, Innovation Patent, Innovative Technology, Inventions, Inventors

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Enhanced Opportunities To Benefit From The Employee Retention Credit

The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic…more

American Rescue Plan Act of 2021, American Taxpayer Relief Act, Biden Administration, CARES Act, Consolidated Appropriations Act (CAA)

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New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,…more

Commercial Real Estate Market, Connecticut, Default, Foreclosure, Investors

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New York’s COVID-19 Emergency Eviction And Foreclosure Prevention Act Of 2020 Offers Broad Benefits For Borrowers And Tenants

On December 28, 2020, New York Governor Andrew M. Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”), an act designed to prevent—until May 1, 2021—both evictions of…more

Coronavirus/COVID-19, Eviction, Foreclosure, Governor Cuomo, Mortgages

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Implications Of COVID-19 Pandemic For Municipal Bond Transactions

The COVID-19 pandemic is affecting municipal borrowers, including state and local governmental entities and conduit borrowers, as unexpected expenses grow and expected revenue declines as a result of stay-at-home and other…more

Bonds, Coronavirus/COVID-19, EMMA, Income Taxes, Securities and Exchange Commission (SEC)

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COVID-19 Legislation Assists Employers And Employees In Response To Pandemic

The worldwide pandemic caused by the coronavirus disease (COVID-19), and the private and public attempts to respond to and slow its spread, have impacted every aspect of personal and economic life. Given the speed with which…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave, Sick Leave

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Silicon Valley Bank: What Happens Next?

US regulators seized Silicon Valley Bank (SVB) on March 10, marking the second largest US bank failure in history and largest since the 2008 global financial crisis. In response, investors began selling off stocks of other banks…more

Banks, D&O Insurance, Depository Institutions, FDIC, Investment Portfolios

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Case Summary: Parseghian v. Frequency Therapeutics, Inc.

In Parseghian v. Frequency Therapeutics, Inc., the Delaware Court of Chancery dismissed a complaint for failure to state a claim as to Count II, which alleged that defendant Lucchino (the CEO of Frequency Therapeutics) breached…more

Breach of Duty, Cleanup Doctrine, Duty of Loyalty, Equitable Relief, Fiduciary Duty

See all updates »

Business Owners Needing Liquidity: Check Out The “Improved” SBA EIDL Program!

The Small Business Administration’s (SBA) Economic Injury Disaster Loan (EIDL) program, which provides long-term loans directly from the SBA, has been significantly enhanced. Beginning April 6, 2021, qualified companies can…more

Business Expenses, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Interest Rates

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Commercial Real Estate Closings Move Forward During COVID-19 Pandemic-UPDATED April 15 2020

Although the COVID-19 pandemic is requiring changes in standard practices, many commercial real estate transactions are continuing to close—albeit with various logistical adjustments. To help keep closings on track, we discuss…more

Closing Date, Commercial Real Estate Market, Coronavirus/COVID-19, Electronic Notarization Standard, Governor Lamont

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Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

See all updates »

SEC Issues New Rules for Hedge Fund and Private Equity Disclosures

On May 3, the Securities and Exchange Commission approved a new rule that will require hedge fund advisers and private equity advisers to disclose more information to regulators on Form PF about their stability risks and…more

Financial Markets, Financial Stability Board, Hedge Funds, Investment Adviser, Investment Funds

See all updates »

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Acquisitions, Advancement, Anti-Reliance Clauses, Appraisal, Bad Faith

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“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific…more

BNSF Railway Co v Tyrrell, Bristol-Myers Squibb, Forum, General Jurisdiction, Jurisdiction

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What a Relief: GAO’s FY 2021 Bid Protest Statistics Indicate That Nearly 50 Percent of Protests Are Effective

On November 16, 2021, the Government Accountability Office (“GAO”) issued its Bid Protest Annual Report for Fiscal Year 2021 (“FY 2021 Bid Protest Report”). The GAO’s annual Bid Protest Report to Congress—required under the…more

Bid Protests, Coronavirus/COVID-19, Federal Contractors, Fiscal Year, GAO

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Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

See all updates »

SBA’s Guidance On The $28.6 Billion Restaurant Revitalization Grant Program

This week the Small Business Administration (SBA) provided guidance on how the $28.6 billion Restaurant Revitalization Fund will work. The Restaurant Revitalization Fund provides for qualified restaurants and other food…more

Business Closures, Business Expenses, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Grants

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The Devil Is in the Details: Recent GAO Decision Underscores the Importance of Checking the Agency’s Math

Virtually every year, the Government Accountability Office’s (GAO’s) Bid Protest Annual Report includes “flawed technical evaluations” as one of the top five most common grounds for successful protests. Simply stated, this means…more

AT&T, Bid Protests, Compliance, Corrective Actions, Debriefing

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Recent Congressional Hearings Signal Major NIL Changes Are Coming

University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this…more

Alston v NCAA, Colleges, Employees, Fair Labor Standards Act (FLSA), Name and Likeness

See all updates »

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

National Defense Authorization Act FY 2018: Directions In Federal Software Acquisitions

On December 12, 2017, President Trump signed the $700 billion 2018 National Defense Authorization Act (“NDAA”) into law. Following negotiations between the House and Senate Armed Services Committees, the NDAA includes new…more

Department of Defense (DOD), DFARS, Federal Contractors, Federal Pilot Programs, GAO

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Enhanced Opportunities To Benefit From The Employee Retention Credit

The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic…more

American Rescue Plan Act of 2021, American Taxpayer Relief Act, Biden Administration, CARES Act, Consolidated Appropriations Act (CAA)

See all updates »

Confusion Mounts Regarding Bankruptcy Debtor Access To PPP-UPDATED June, 2020

Several recent bankruptcy court decisions reveal that a temporary restraining order prohibiting the Small Business Administration (SBA) from enforcing its rule that a debtor in bankruptcy cannot qualify for a Paycheck Protection…more

Bankruptcy Code, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

See all updates »

New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

See all updates »

SEC Issues New Rules for Hedge Fund and Private Equity Disclosures

On May 3, the Securities and Exchange Commission approved a new rule that will require hedge fund advisers and private equity advisers to disclose more information to regulators on Form PF about their stability risks and…more

Financial Markets, Financial Stability Board, Hedge Funds, Investment Adviser, Investment Funds

See all updates »

Recent Congressional Hearings Signal Major NIL Changes Are Coming

University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this…more

Alston v NCAA, Colleges, Employees, Fair Labor Standards Act (FLSA), Name and Likeness

See all updates »

U.S. Supreme Court Holds Law Firms Are Not “Debt Collectors” Under The FDCPA In Nonjudicial Foreclosures

In an opinion penned by Justice Breyer on March 20, 2019, Obduskey v. McCarthy & Holthus LLP, No. 17–1307 (2019), the United States Supreme Court unanimously ruled that law firms acting on behalf of secured parties to foreclose…more

Appeals, Debt Collection, Dismissals, FDCPA, Non-Judicial Foreclosures

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End of Line: Supreme Court Deletes AI Inventorship

The Supreme Court dealt the latest blow in Dr. Stephen Thaler’s continuing quest for recognition of AI inventorship of patents, by denying certiorari in Thaler v. Vidal (No. 22-919). Despite support of Dr. Thaler from numerous…more

Artificial Intelligence, Computer-Related Inventions, Copyright Office, Inventors, Patent Act

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Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

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The Rise of AI: Inventorship Challenges and Opportunities for Natural Persons

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in…more

Artificial Intelligence, CLS Bank v Alice Corp, Intellectual Property Protection, Inventions, Inventors

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New Jersey’s NEW Data Privacy Law

New Jersey has now joined the growing number of states that have enacted comprehensive online privacy protections for certain consumers and that have imposed requirements on companies collecting and processing consumer data in…more

Data Controller, Data Privacy, Enforcement, New Jersey, New Legislation

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NLRB Establishes New Joint Employer Rule

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees, including…more

Collective Bargaining, Compensation & Benefits, Department of Labor (DOL), Employment Contract, Franchises

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Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

Supreme Court Settles Long-Standing Trademark Question

On Monday, the U.S. Supreme Court finally resolved a trademark law issue that had remained unsettled for years: whether a bankrupt trademark owner may revoke a trademark licensee’s rights to a licensed trademark by “rejecting”…more

Bankruptcy Appellate Panel (BAP), Bankruptcy Code, Breach of Contract, Commercial Bankruptcy, Debtors

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USPTO Issues Guidance On PTAB Proceedings In Light Of SAS Institute Case

In SAS Institute Inc., v. Iancu et al. (584 U.S. ___ (2018)), the U.S. Supreme Court addressed whether the Patent Trial and Appeals Board (PTAB) is required to decide the patentability of every claim challenged by a petitioner…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Updates To PTAB Trial Practice Guide Provide Better IPR Road Map

Patent Trial and Appeal Board (PTAB) proceedings, such as inter partes reviews (IPRs), have become popular alternatives to patent litigation in federal courts. Recent updates to the PTAB’s Trial Practice Guide provide welcome…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, Trial Practice Guidance

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New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

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A Gamble For Hawaiian Contractors: Hawaii Raises The Stakes For Contractors Betting On State Bid Protest Appeals

The cards are on the table, and the Hawaiian state legislature has dealt its state contractors a risky hand. A new bill, SB 1329, is set to eliminate the monetary cap on the bond required to challenge a procurement officer’s…more

Appeals, Bid Protests, Federal Contractors, GAO, Hawaii

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

Universities Are Prime Targets for False Claims Act Liability

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a…more

Colleges, Department of Justice (DOJ), Educational Institutions, False Claims Act (FCA), False-Certification of Conformance

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USPTO Provides Further Clarity For Navigating The Abstract Maze

Andrei Iancu, director of the United States Patent and Trademark Office (USPTO), continues to steer the USPTO on a more pro-patent path with new Examination Guidance released for public comment on January 4, 2019. The Guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Section 101

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NJ Supreme Court Rules That NJ Uniform Securities Law Does Not Bar Investment Adviser From Seeking Damages Over Verbal Job Offer

The Supreme Court of New Jersey recently cast doubt on the applicability of the federal “family office” exception for investment advisers under the New Jersey Uniform Securities Law (NJUSL) while allowing the plaintiff to seek…more

Breach of Contract, Dissenting Opinions, Estoppel, Investment Adviser, Investment Advisers Act of 1940

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NJ DEP Proposes New “Environmental Justice” Permitting Rules

The New Jersey Department of Environmental Protection (NJDEP) released on June 6 proposed new rules that would implement parts of the Environmental Justice Law, N.J.S.A. 13:1D-157, requiring certain industrial facilities to…more

Administrative Orders, Air Pollution, Contamination, Environmental Justice, Environmental Policies

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Can Solar Reboot Your Coal-Fired Plant Site?

The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site…more

Coal-Fired Plants, Community Shared Solar, Interconnections, Net Metering, Photovoltaic

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Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

See all updates »

Potential Impacts Of Affiliate Rules On Access To SBA’s PPP

Information regarding the affiliate rules that can impact access to the Small Business Administration (SBA) Paycheck Protection Program (PPP) under the CARES Act for our venture capital-backed clients is complex. Although more…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Paycheck Protection Program (PPP), SBA

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Delaware Supreme Court Rules That Otherwise Entirely Fair Transaction Does Not Pass Muster When Taken For Inequitable Purpose

On June 28, 2021, the Delaware Supreme Court reversed a ruling of the Court of Chancery which found that an otherwise “entirely fair” transaction undertaken for an “inequitable purpose” did not trigger fiduciary liability for…more

DE Supreme Court, Fiduciary Duty, Inequitable Conduct, Stocks, Voting Rights

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SEC Updates Definition Of “Accredited Investor”

The term “accredited investor,” as defined under Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”), had not changed significantly since it was originally adopted in 1982. In June 2019,…more

Accredited Investors, Exempt Reporting Advisers (ERAs), Federal Register, Initial Public Offering (IPO), Investment Advisers Act of 1940

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Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme…more

Consumer Fraud, Design Defects, Federal Industry Standards, Misrepresentation, NJ Supreme Court

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New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme…more

ABC Test, Corporate Counsel, Employer Liability Issues, Independent Contractors, NJ Supreme Court

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

Barking up the Wrong Tree: SCOTUS Sides with Jack Daniels in Bad Spaniels “Parody”

Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a…more

First Amendment, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion, Parody

See all updates »

NJDEP Extends Certain Site Remediation Deadlines Due To COVID-19 Pandemic

The New Jersey Department of Environmental Protection (NJDEP) took steps on April 24, 2020, to suspend the application of certain New Jersey Site Remediation Program (SRP) compliance deadlines. This was in response to numerous…more

Coronavirus/COVID-19, Environmental Policies, Governor Murphy, NJDEP, Site Remediation

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Notice 2014-67—Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, Centers for Medicare & Medicaid Services (CMS), Healthcare, IRS

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NJDEP Extends Certain Site Remediation Deadlines Due To COVID-19 Pandemic

The New Jersey Department of Environmental Protection (NJDEP) took steps on April 24, 2020, to suspend the application of certain New Jersey Site Remediation Program (SRP) compliance deadlines. This was in response to numerous…more

Coronavirus/COVID-19, Environmental Policies, Governor Murphy, NJDEP, Site Remediation

See all updates »

Delaware Law Updates – HBMA Holdings LLC v. LSF9 Stardust Holdings

Application of a survival clause as a contractual statute of limitations to indemnification claims on an earn-out agreement. In HBMA Holdings LLC v. LSF9 Stardust Holdings LLC, C.A. 12806-VCMR (Del. Ch. Dec. 8, 2017), the…more

Arbitration, Earn-Outs, EBITDA, Indemnification, Statute of Limitations

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THE INVENTINATOR: May AI “Inventors” Get Patents?

For decades, authors and filmmakers have contemplated the challenges and opportunities presented when machines take on human-like capabilities. In 1984, James Cameron sent us the Terminator, a cyborg created by SkyNet, an…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patents, USPTO

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New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement

New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and…more

Department of Environmental Protection, Natural Resources, New Jersey, Rehabilitation and Restoration Plans

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NJ Supreme Court Issues Another Landmark Decision In In Re Accutane, This Time Regarding Choice-Of-Law And The Presumption Of Adequacy For FDA-Approved Warnings

Nearly two months to the day after the New Jersey Supreme Court issued a landmark decision in the In re Accutane® Litigation incorporating the Daubert factors into New Jersey law, the court issued another major decision in the…more

Choice-of-Law, Food and Drug Administration (FDA), Pharmaceutical Industry, Warning Labels

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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Delaware Offers Relief To Corporations With Already Noticed Annual Stockholder Meetings By Authorizing A Change To Remote Means

On Tuesday, April 6, 2020, in response to the COVID-19 pandemic, Delaware Governor John C. Carney issued a Tenth Modification of his Declaration of State of Emergency (the “Tenth Modification”) that temporarily modified the…more

Coronavirus/COVID-19, Executive Orders, Governor Carney, Remote Working, State of Emergency

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New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

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New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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Universities Are Prime Targets for False Claims Act Liability

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a…more

Colleges, Department of Justice (DOJ), Educational Institutions, False Claims Act (FCA), False-Certification of Conformance

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Final IPR Decisions Now Subject To Director Review

Disappointed with the final decision in your inter partes review (IPR) or post-grant review (PGR)? Under a new interim procedure, you may now seek review by the director of the U.S. Patent and Trademark Office. The Office is…more

Inter Partes Review (IPR) Proceeding, Post-Grant Review, SCOTUS, United States v Arthrex Inc, USPTO

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Beneficial Ownership Reporting under the Corporate Transparency Act—What to Do Now?

Effective January 1, 2024, the Financial Crimes Enforcement Network’s (FinCEN’s) final rule under the Corporate Transparency Act (CTA) will require certain companies to file a report with FinCEN…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Ownership Interest

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SEC No-Action Letter Clears Ambiguity Surrounding The Existence Of Utility Tokens

The SEC has issued its second-ever no-action letter to a token issuer. Pocketful of Quarters, Inc. (PoQ) sought the no-action letter in connection with the issuance of a cryptographically protected token (Quarters), which will…more

Cryptocurrency, No-Action Letters, Securities and Exchange Commission (SEC), Virtual Currency

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Senators Kick off Bipartisan Patent Reform Effort

In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis, titled…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Patents

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A Quick Look at the New Trademark Trial and Appeal Board Rules

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or…more

Administrative Proceedings, Appeals, B&B Hardware v Hargis Industries, Discovery, Ex Parte

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Employer Obligations to Accommodate Pregnant Workers Under Federal Law Expand Again on June 27—Are You Ready?

Starting today, many employers will be required to provide reasonable accommodations to pregnant workers pursuant to the Pregnant Workers Fairness Act (PWFA), which was passed late last year as part of the omnibus spending…more

Americans with Disabilities Act (ADA), Civil Rights Act, Employee Rights, Employer Liability Issues, Employment Discrimination

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Losing The Home-Team Advantage – The Supreme Court’s Narrowing of the Doctrine of General Personal Jurisdiction and its Impact on Patent Declaratory Judgment Actions

A recent Supreme Court opinion in a non-patent case, Daimler AG v. Bauman, likely will have a far-reaching impact on the prevalence of patent declaratory judgment actions. In the past, an accused patent infringer often could…more

DaimlerChrysler v Bauman, Declaratory Judgments, Jurisdiction, Patent Infringement, Patent Litigation

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MA Establishes Moratorium On Evictions, Foreclosures During COVID-19 Emergency

With economic and other hardships mounting as a result of the COVID-19 pandemic, Governor Charlie Baker signed into law on April 21, 2020, a bill providing for a moratorium on certain evictions and foreclosures during the…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Governor Baker

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SEC Issues New Rules for Hedge Fund and Private Equity Disclosures

On May 3, the Securities and Exchange Commission approved a new rule that will require hedge fund advisers and private equity advisers to disclose more information to regulators on Form PF about their stability risks and…more

Financial Markets, Financial Stability Board, Hedge Funds, Investment Adviser, Investment Funds

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New Jersey’s NEW Data Privacy Law

New Jersey has now joined the growing number of states that have enacted comprehensive online privacy protections for certain consumers and that have imposed requirements on companies collecting and processing consumer data in…more

Data Controller, Data Privacy, Enforcement, New Jersey, New Legislation

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Supreme Court Raises the Bar to Class Certification

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged that…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

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New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement

New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and…more

Department of Environmental Protection, Natural Resources, New Jersey, Rehabilitation and Restoration Plans

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DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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NJ Supreme Court Rules That NJ Uniform Securities Law Does Not Bar Investment Adviser From Seeking Damages Over Verbal Job Offer

The Supreme Court of New Jersey recently cast doubt on the applicability of the federal “family office” exception for investment advisers under the New Jersey Uniform Securities Law (NJUSL) while allowing the plaintiff to seek…more

Breach of Contract, Dissenting Opinions, Estoppel, Investment Adviser, Investment Advisers Act of 1940

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Finders Keepers

SEC Proposes to Allow Finders to Receive Transaction-Based Compensation in Certain Limited Circumstances Without Having to Register as a Broker-Dealer- In an effort to help small and emerging businesses raise capital, the…more

Accredited Investors, Broker-Dealer, Capital Raising, Due Diligence, General Solicitation

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Government Agencies Ramp Up Efforts to Revise Energy Efficiency Standards

State and federal governments have shifted into high gear to establish new energy efficiency standards for a wide array of appliances, and manufacturers and consumers would be wise to stay abreast of government efforts to revise…more

Carbon Emissions, Clean Energy, Department of Energy (DOE), Energy Efficiency, Energy Sector

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Taxpayers That Paid The Net Investment Income Tax Or The Additional Medicare Tax Should Consider Filing Protective Claims For Refund

Individuals, estates, and trusts that paid significant amounts of the 3.8% net investment income tax or the 0.9% additional Medicare tax in 2016 or later years should consider filing protective claims for refund of those taxes…more

Affordable Care Act, Capital Gains, Health Insurance, Income Taxes, IRS

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Litigation Provides Limited Relief to Dependent Spouses Seeking Work Permits

After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic…more

Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, Form I-94, H-4 Spouses

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CFIUS Issues Enforcement and Penalty Guidelines: A Contextual View

Although announced two years earlier, Enforcement and Penalty Guidelines (the Guidelines) were finally released by the US Department of the Treasury (Treasury) as Chair of the Committee on Foreign Investment in the United States…more

CFIUS, Civil Monetary Penalty, Compliance, Covered Transactions, Executive Orders

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Newark Residential Developers: New Affordable Housing Requirement May Cost You

Developers of new residential projects in Newark may need to factor in affordable housing following the Newark City Council’s recent adoption of a zoning ordinance requiring most future residential development projects involving…more

Affordable Housing, Construction Industry, Housing Developers, Real Estate Development, Residential Real Estate Market

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USPTO Provides Further Clarity For Navigating The Abstract Maze

Andrei Iancu, director of the United States Patent and Trademark Office (USPTO), continues to steer the USPTO on a more pro-patent path with new Examination Guidance released for public comment on January 4, 2019. The Guidance…more

Abstract Ideas, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Section 101

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The Voters Have Spoken: When And How New Jersey Will Give Life To The Cannabis Market

Horticultural, retail, biotech, pharma, and other companies located in the diverse cannabis industry have long anticipated and increasingly prepared for adult-use legalization in the State of New Jersey. Two formal moves have…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Governor Murphy, Licensing Rules, New Jersey

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Hart-Scott-Rodino Thresholds To Increase Effective February 27, 2020

Transactions that close on or after February 27, 2020, will be subject to revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The threshold adjustments are the result of the…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Court Clarifies Law on Enforceability of Obligations of Non-Signatories in Private Mergers

In a fact-specific case with potential ramifications for future mergers under Delaware law, Cigna Health and Life Insurance Co., a preferred stockholder of Audax Health Solutions Inc., whose shares were extinguished by a merger…more

CIGNA, Insurance Industry, Mergers

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New Jersey Property Tax Appeal Deadline Extended

The Chief Justice of the New Jersey Supreme Court issued an order on March 19, 2020, extending the deadline to file a property tax appeal to the New Jersey Tax Court or County Boards of Taxation until at least May 1, 2020..…more

Appeals, Coronavirus/COVID-19, Filing Deadlines, Property Owners, Property Tax

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Interagency Guidance On Loan Modifications By Financial Institutions For Customers Affected By COVID-19

Recognizing the massive disruption to the U.S. economy and the American people created by COVID-19, federal banking regulators, consisting of the FDIC, the Federal Reserve Board, the Office of the Comptroller of the Currency,…more

Banking Sector, Coronavirus/COVID-19, Financial Institutions, Financial Services Industry, Loan Modifications

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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New Jersey Releases Draft Energy Master Plan Targeting 100% Clean Energy in 30 Years

PDF Version New Jersey unveiled a draft of the forthcoming 2019 Energy Master Plan (EMP) required by the 2018 Clean Energy Act and delegated by Governor Murphy to the New Jersey Board of Public Utilities (BPU). The EMP sketches…more

Clean Energy, Energy Sector, Renewable Energy, State and Local Government

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The More The Merrier: SEC Amends Crowdfunding Rules To Increase Investment Limits

On November 2, 2020, the Securities and Exchange Commission (SEC) voted to amend certain rules related to the issuance of securities in exempt offerings—transactions in which the securities sold by the issuer do not need to be…more

Accredited Investors, Crowdfunding, Disclosure Requirements, Regulation D, Reporting Requirements

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Developing Effective and Legally Compliant DEI Policies

Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,…more

Civil Rights Act, Corporate Culture, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing

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Silicon Valley Bank: What Happens Next?

US regulators seized Silicon Valley Bank (SVB) on March 10, marking the second largest US bank failure in history and largest since the 2008 global financial crisis. In response, investors began selling off stocks of other banks…more

Banks, D&O Insurance, Depository Institutions, FDIC, Investment Portfolios

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UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

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California Strikes Back…For Data Privacy!

Well, California is at it again. Less than one year after the California Consumer Privacy Act (“CCPA”) took effect, the people of California voted to approve Proposition 24 (aka the California Privacy Rights Act, the “CPRA”) on…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cloud Storage, Consent

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Delaware Court of Chancery Denies Indemnification for Former CEO and Provides Color on Entitlement to Proportional Indemnification

In Evans v. Avande, Inc., C.A. No. 2018-0454-LWW (Del. Ch. June 9, 2022), the Delaware Court of Chancery found that a health care services company did not have to pay legal expenses for its former CEO, who had ultimately been…more

Breach of Duty, CEOs, Defamation, Fiduciary Duty, General Corporation Law

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UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

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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

Brokers, Enforcement Actions, Foreign Nationals, Institutional Investment, Securities

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Trademarks For A Budding Industry

While many states have legalized or decriminalized cannabis products, the federal government still considers these products to be illegal. Thus, as people are often surprised to learn, federal trademark protection for these…more

Cannabis Products, Intellectual Property Protection, Marijuana, Marijuana Related Businesses, Trademark Registration

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Outdoor Seating: Special Ruling Of NJ ABC Director

Beginning on June 15, limited outdoor seating will be allowed for New Jersey establishments with on-premises consumption licenses and permits to serve alcoholic beverages. To accomplish this statewide change, the Director of the…more

ABC, Applications, Coronavirus/COVID-19, Hospitality Industry, New Jersey

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Ten Key Leasing Considerations Resulting From The COVID-19 Pandemic

As businesses adjust to the complications presented by the COVID-19 pandemic, landlords and tenants must now take even greater care when entering into leases. Tenants may demand greater flexibility in leases should a public…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause, Landlords, Lease Term

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Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Judge R. Stan Baker of the US District Court for the Southern District of Georgia issued an order (Order) on December 7, 2021, enjoining the federal government “from enforcing the vaccine mandate for federal contractors and…more

Coronavirus/COVID-19, Executive Orders, Federal Contractors, Federal Employees, Joe Biden

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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

Brokers, Enforcement Actions, Foreign Nationals, Institutional Investment, Securities

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2013 Estate Planning Update

As 2012 drew to a close, your estate planning attorney's attention was diverted from the ball drop in Times Square to whether Congress would drop the ball with respect to the fiscal cliff. Congress, however, passed the American…more

American Taxpayer Relief Act, Estate Planning, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases…more

Acquisitions, Advancement, Anti-Reliance Clauses, Appraisal, Bad Faith

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Slow and Steady Wins the Race: Hospitals Should Evaluate Their Split/Shared Services Notwithstanding the Delay Under CMS’s 2024 Physician Fee Schedule Proposed Rule

In the CY 2024 Physician Fee Schedule Proposed Rule (the Proposed Rule), the Centers for Medicare & Medicaid Services (CMS) proposed a further delay in implementing its time-only definition for determining the “substantive…more

Billing, Centers for Medicare & Medicaid Services (CMS), Clinical Evaluations, Hospitals, Physician Fee Schedule

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Employee Benefits Provisions Of The Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions,…more

CARES Act, Carry-Over Basis, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employee Benefits

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DOE Requests FERC Fast-Track A Rule That Will Benefit Coal And Nuclear Plants

On September 28, 2017, the U.S. Department of Energy (“DOE”) took the unusual step of submitting a Notice of Proposed Rulemaking (“NOPR”) for consideration by the Federal Energy Regulatory Commission (“FERC”), now docketed by…more

Coal-Fired Generation, Department of Energy (DOE), Energy Sector, FERC, ISOs

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Federal Efforts to Address Opioid Use Disorder

On April 4, 2024, a final rule published on February 2, 2024 (the Final Rule) went into effect that concerns medication for the treatment of opioid use disorder. The Final Rule, published by the Substance Abuse and Mental Health…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Final Rules, Health Insurance Portability and Accountability Act (HIPAA), HRSA

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Next Stop, Revalidation Station: CMS Final Rule for Nursing Home Transparency to Prompt Off-Cycle Revalidation, Revised Form CMS-855A, and Sub-regulatory Guidance

Nursing facilities should prepare to provide the Centers for Medicare & Medicaid Services (CMS) with additional information about their ownership, their managing employees and the parties providing certain financial and…more

Business Ownership, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Corporate Structures, Disclosure Requirements

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New Jersey Modernizes Business Corporation Act to Permit Certain Conversion Transactions

On May 8, 2023, New Jersey Governor Phil Murphy signed into law Senate Bill 142 (P.L. 2023, Chapter 38), which amends and supplements the New Jersey Business Corporation Act (BCA) to provide procedures for conversions (the…more

Business Corporation Act, Governor Murphy, Limited Liability Company (LLC), New Jersey, RULLCA

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Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme…more

Consumer Fraud, Design Defects, Federal Industry Standards, Misrepresentation, NJ Supreme Court

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New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement

New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and…more

Department of Environmental Protection, Natural Resources, New Jersey, Rehabilitation and Restoration Plans

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Implications Of COVID-19 Pandemic For Municipal Bond Transactions

The COVID-19 pandemic is affecting municipal borrowers, including state and local governmental entities and conduit borrowers, as unexpected expenses grow and expected revenue declines as a result of stay-at-home and other…more

Bonds, Coronavirus/COVID-19, EMMA, Income Taxes, Securities and Exchange Commission (SEC)

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US Merger Filing Thresholds and Filing Fees 2024 Updates

Annually, the Federal Trade Commission (FTC) reviews and adjusts the premerger notification reporting thresholds for reporting acquisitions of voting securities, assets, or noncorporate interests (each a Transaction) under the…more

Civil Monetary Penalty, Consumer Price Index, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Executive Order 14410: An Artificial Intelligence Odyssey

What do you think is going to be scarier—artificial intelligence (AI) or the government’s effort to regulate AI? On October 30, 2023, the White House issued Executive Order (E.O.) 14410, Safe, Secure, and Trustworthy Development…more

Artificial Intelligence, Customer Identification Program (CIP), Department of Homeland Security (DHS), Executive Orders, Infrastructure

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US Supply Chain And Transportation Stakeholders Receive Several Provisions From The CARES Act

Since its passage last week, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the Act) has produced endless summaries and analyses of its text, most notably in regard to the increased access to Small Business…more

CARES Act, Coronavirus/COVID-19, Independent Contractors, Relief Measures, Small Business

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DOL Regulations Clarify Paid Leave Requirements Under The Families First Coronavirus Response Act

The U.S. Department of Labor (DOL) has now issued temporary regulations providing guidance on the Families First Coronavirus Response Act (FFCRA), which was signed into law on March 18, 2020, and took effect on April 1, 2020, in…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA)

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NJEDA Program Offering $100,000 Working Capital Loans To Qualified New Jersey Small Businesses

The New Jersey Economic Development Authority (“NJEDA”) has recently announced a series of economic relief packages to help small businesses in the state. Earlier last week, NJEDA launched its Small Business Emergency…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Relief Measures

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Get It In Writing

As any financial or legal professional will advise, a promise, representation or agreement should be in writing. This sound advice applies equally in the bankruptcy context, as the Supreme Court recently held…more

Bankruptcy Code, Chapter 7, Commercial Bankruptcy, Creditors, Debtors

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Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

See all updates »

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

New Milestone Predicted for New Jersey Cannabis Industry

Yesterday’s meeting of the New Jersey Assembly Oversight, Reform, and Federal Relations Committee provided new insights into the New Jersey cannabis industry and highlighted several developments which give cause for optimism in…more

Agribusiness, Cannabis-Related Businesses (CRBs), Marijuana Related Businesses, Minority-Owned Businesses, New Jersey

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

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Executive Order 14410: An Artificial Intelligence Odyssey

What do you think is going to be scarier—artificial intelligence (AI) or the government’s effort to regulate AI? On October 30, 2023, the White House issued Executive Order (E.O.) 14410, Safe, Secure, and Trustworthy Development…more

Artificial Intelligence, Customer Identification Program (CIP), Department of Homeland Security (DHS), Executive Orders, Infrastructure

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It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

The deadline for appealing Connecticut local property taxes is again approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal…more

Fair Market Value, Property Owners, Property Tax, Property Valuation, Tax Appeals

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What Does OSHA Require Of Employers When OSHA’s COVID-19 Emergency Temporary Standard Does Not Apply?

While there is no specific COVID-19 standard that applies to employers and employees not covered by the recent emergency temporary standard (ETS) applicable specifically to employers with employees working in a healthcare…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Masks, OSHA

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NJ Supreme Court Issues Another Landmark Decision In In Re Accutane, This Time Regarding Choice-Of-Law And The Presumption Of Adequacy For FDA-Approved Warnings

Nearly two months to the day after the New Jersey Supreme Court issued a landmark decision in the In re Accutane® Litigation incorporating the Daubert factors into New Jersey law, the court issued another major decision in the…more

Choice-of-Law, Food and Drug Administration (FDA), Pharmaceutical Industry, Warning Labels

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Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Construction Project Shutdowns: Know Your General Contract Terms For Force Majeure, Suspension, And Termination

As state and local governments shut down construction projects in response to the COVID-19 pandemic, project owners and contractors should review closely the general contracts for their projects to determine what consequences…more

Business Closures, Contractors, Coronavirus/COVID-19, Executive Orders, State of Emergency

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It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

The deadline for appealing Connecticut local property taxes is again approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal…more

Fair Market Value, Property Owners, Property Tax, Property Valuation, Tax Appeals

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New Law Will Impact Change in Control Transactions Between Health Care Entities in New Jersey

New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August 18,…more

Employee Retention, Employee Rights, Governor Murphy, Health Care Providers, Healthcare Facilities

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Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

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INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in your…more

Amazon, Bad Actors, Consumers, Counterfeiting, Disclosure Requirements

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Massachusetts’ Strictest-In-The-Nation Definition Of “Employee” May Encompass Franchise Operators

When a worker is classified as an employee, a panoply of local, state, and federal laws regulate many facets of the relationship between the worker and the person or entity the worker serves. When a worker is not an “employee,”…more

Federal Trade Commission (FTC), Franchises, Independent Contractors, Misclassification, Payroll Taxes

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UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

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New Jersey’s NEW Data Privacy Law

New Jersey has now joined the growing number of states that have enacted comprehensive online privacy protections for certain consumers and that have imposed requirements on companies collecting and processing consumer data in…more

Data Controller, Data Privacy, Enforcement, New Jersey, New Legislation

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Recent Congressional Hearings Signal Major NIL Changes Are Coming

University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this…more

Alston v NCAA, Colleges, Employees, Fair Labor Standards Act (FLSA), Name and Likeness

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New Jersey Law Will Permit Small Businesses to Cure Certain First-Time Violations

Small New Jersey businesses may be granted 60 days to cure certain first-time violations before a monetary fine or civil penalty is imposed under a new state law that took effect on June 19, 2023. The bill (A-4753/S-3208) was…more

Governor Murphy, New Jersey, New Legislation, Public Safety, Small Business

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SEC Updates Definition Of “Accredited Investor”

The term “accredited investor,” as defined under Rule 501 of Regulation D of the Securities Act of 1933, as amended (the “Securities Act”), had not changed significantly since it was originally adopted in 1982. In June 2019,…more

Accredited Investors, Exempt Reporting Advisers (ERAs), Federal Register, Initial Public Offering (IPO), Investment Advisers Act of 1940

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COVID-19 Labor & Employment Frequently Asked Questions

As the COVID-19 pandemic expands, disrupting lives of everyone around the globe, employers should keep a few guiding principles in mind. •Keep up with and follow the best public health advice available. The Centers for…more

Coronavirus/COVID-19, Family and Medical Leave Act (FMLA), Sick Leave, Wage and Hour, WARN Act

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New York Issues Guidance On 90-Day Mortgage Relief Directive Issued As Response To COVID-19 Pandemic

On March 19, 2020, New York Governor Andrew Cuomo announced a new directive to mortgage servicers to provide 90-day mortgage relief to New York borrowers impacted by the COVID-19 disease pandemic. That same day, the New York…more

Borrowers, Coronavirus/COVID-19, Governor Cuomo, Mortgage Servicers, Mortgages

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Enhanced Opportunities To Benefit From The Employee Retention Credit

The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic…more

American Rescue Plan Act of 2021, American Taxpayer Relief Act, Biden Administration, CARES Act, Consolidated Appropriations Act (CAA)

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Developing Effective and Legally Compliant DEI Policies

Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,…more

Civil Rights Act, Corporate Culture, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing

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New Law Will Impact Change in Control Transactions Between Health Care Entities in New Jersey

New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August 18,…more

Employee Retention, Employee Rights, Governor Murphy, Health Care Providers, Healthcare Facilities

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OCR Updates Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services updated its bulletin on the Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates. The…more

Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Mobile Apps, OCR, PHI

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Notice 2014-67—Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, Centers for Medicare & Medicaid Services (CMS), Healthcare, IRS

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Rural Utilities Service Begins FY19 Broadband Loan Program, Revises Loan Limits

The Rural Utilities Service (RUS) announced on November 15, 2018, that it is now accepting fiscal year 2019 (FY19) applications for the Rural Broadband Access Loans and Loan Guarantees Program on a rolling first-come,…more

Broadband, Loans, Rural Areas, Utilities Sector

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Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30…more

Coal-Fired Plants, Commercial General Liability Policies, Environmental Remediation Costs, Groundwater, Notice Requirements

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Supreme Court Raises the Bar to Class Certification

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged that…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

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Developing Effective and Legally Compliant DEI Policies

Corporate policies on diversity, equity, and inclusion (DEI) are being subjected to increased scrutiny and legal challenges even as the US workforce becomes more diverse on nearly every measure—race, sex, gender identity,…more

Civil Rights Act, Corporate Culture, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing

See all updates »

Federal Efforts to Address Opioid Use Disorder

On April 4, 2024, a final rule published on February 2, 2024 (the Final Rule) went into effect that concerns medication for the treatment of opioid use disorder. The Final Rule, published by the Substance Abuse and Mental Health…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Final Rules, Health Insurance Portability and Accountability Act (HIPAA), HRSA

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President Biden’s Executive Order on AI: Bringing Law to the New Frontier

After considerable anticipation and speculation, President Biden recently issued an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. While the EO focuses primarily on…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Civil Rights Act

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

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Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!

Welcome, dear readers, to the height of protest season! Around the end of the federal fiscal year, the number of contract awards being made increases greatly. Which means so do the number of protests challenging those award…more

Bid Protests, COFC, Compliance, Federal Acquisition Regulations (FAR), Federal Contractors

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Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

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Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme…more

Consumer Fraud, Design Defects, Federal Industry Standards, Misrepresentation, NJ Supreme Court

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New York Appellate Division Third Department Joins Second Department On Issues Concerning Mortgage Loan Acceleration And A Borrower’s Right To Cure

Introduction- The New York Appellate Division Third Department reached three notable determinations being closely monitored by the mortgage servicing and lending industry in the case Wells Fargo Bank, N.A. v. Portu, 2020 NY…more

Acceleration, Borrowers, Mortgage Lenders, Mortgages

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

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Regulating Your Grocery Cart: The Push for GMO Labeling

If you produce, manufacture, sell, or distribute food products, you may be affected by the various state laws concerning the labeling of certain foods derived from genetically modified organisms (“GMO”). In particular, you…more

Food and Drug Administration (FDA), Food Labeling, GMO

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New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

See all updates »

New Jersey Supreme Court Affirms The Proper Scope Of Shareholders’ Right To Inspect Books And Records

The New Jersey Supreme Court affirmed per curiam the Appellate Division’s decision in R.A. Feur v. Merck & Co., Inc. and its strict adherence to the New Jersey corporate statute N.J.S.A. 14A:5-28 governing “books and records”…more

Books & Records, Inspection Rights, Shareholder Litigation, Shareholder Rights, Shareholders

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

See all updates »

Notice 2014-67—Safe Harbors for ACOs and a New Management Contract Safe Harbor for Everyone

On Friday, Oct. 24, 2014, the Internal Revenue Service released interim guidance, Notice 2014-67, on whether a state or local government entity or an organization described in §501(c)(3) of the Internal Revenue Code of 1986, as…more

ACOs, Bonds, Centers for Medicare & Medicaid Services (CMS), Healthcare, IRS

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It’s That Time Again! Property Tax Appeals In Connecticut: Know When To File

The deadline for appealing Connecticut local property taxes is again approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal…more

Fair Market Value, Property Owners, Property Tax, Property Valuation, Tax Appeals

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Third Circuit Nixes Presumption of Irreparable Harm in Comparative False Advertising Cases

Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act…more

Advertising, eBay, eBay Test, False Advertising, Irreparable Harm

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Delaware Law Updates – The Delaware Supreme Court Underscores The Significance Of The Deal Price.

The Delaware Supreme Court, sitting en banc, recently reversed in part and remanded the Court of Chancery’s decision regarding the appraisal of Dell, Inc. (“Dell”)[i], which builds upon another recent appraisal decision in which…more

Appraisal, Dell, Fair Market Value, Share Price, Shareholder Litigation

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Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic

As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on how…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

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Paycheck Protection Program (PPP) Application Form Made Available By Treasury Department

On March 31, 2020, the U.S. Small Business Administration (SBA) released the Paycheck Protection Program Application Form for use with the SBA Paycheck Protection Program (PPP) loans. Applications for PPP loans may be submitted…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Paycheck Protection Program (PPP), Relief Measures

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All Is Fair In Google And Oracle: Supreme Court Says Google’s Copying Was Fair Use In Landmark Copyright Case

Was it fair for Google to copy 11,500 lines of Oracle’s copyrighted Java Application Programming Interface (API) simply to make it easier for programmers already familiar with Java to develop apps for Google’s Android smartphone…more

APIs, Copyright, Copyright Infringement, Fair Use, Google

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Defendants Fail to Defeat Fiduciary Duty Claim Based on the Unique Benefit Realized from the Sale

In Manti Holdings, LLC, et al. v. The Carlyle Group, Inc., et al., C.A. No. 2020-0657-SG (Del. Ch. June 3, 2022), the Delaware Court of Chancery addressed fiduciary duty claims in the context of a conflicted controller…more

Board of Directors, Breach of Duty, Duty of Care, Fiduciary Duty, Investors

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Some Brands Have All The Luck

The Supreme Court has now resolved a nearly 20-year legal battle between Lucky Brand Dungarees and Marcel Fashions Group over their respective trademarks. The ruling is important to trademark owners because it reinforces how…more

Claim Preclusion, Fashion Branding, Lucky Brand Dungarees v Marcel Fashion Group, Motion to Dismiss, Release Agreements

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TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), related…more

Auto-Dialed Calls, Class Action, Corporate Counsel, Defense Strategies, FCC

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Get Your Pre-Merger Compliance Programs in Order: Department of Justice Announces M&A Safe Harbor Policy

On October 4, 2023, Deputy U.S. Attorney General Lisa O. Monaco announced that the United States Department of Justice (DOJ) is implementing a new nationwide Mergers & Acquisitions Safe Harbor Policy (the “M&A Policy”)…more

Aggravating Factors, Antitrust Division, Arms Length Transactions, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA)

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SBA Revisions Expand Paycheck Protection Program Eligibility And Loan Forgiveness

On June 19 and June 22, 2020, the Small Business Administration (“SBA”) issued new revisions to their First Interim Final Rule concerning the Paycheck Protection Program (“PPP”). The Revised Interim Final Rule and the Revisions…more

CARES Act, Coronavirus/COVID-19, Interim Rule, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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UK Supreme Court Ruling Provides Sweeping Policyholder Relief For COVID-19 Business Interruption Losses

A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance…more

Business Interruption, Business Losses, Causation, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Business Interruption Claims for Wildfires and Related Losses

In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality…more

Air Quality Standards, Business Interruption, Business Losses, Insurance Claims, Insurance Industry

See all updates »

Trump Imposes 30 Percent Tariff On Solar Imports

On Monday, January 22, President Donald Trump issued a highly anticipated decision in the Section 201 safeguard investigation of crystalline silicon photovoltaic cells and modules. The president’s decision will result in a 30…more

China, Imports, International Trade Commission (ITC), Solar Panels, Tariffs

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End of Line: Supreme Court Deletes AI Inventorship

The Supreme Court dealt the latest blow in Dr. Stephen Thaler’s continuing quest for recognition of AI inventorship of patents, by denying certiorari in Thaler v. Vidal (No. 22-919). Despite support of Dr. Thaler from numerous…more

Artificial Intelligence, Computer-Related Inventions, Copyright Office, Inventors, Patent Act

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Taxpayers That Paid The Net Investment Income Tax Or The Additional Medicare Tax Should Consider Filing Protective Claims For Refund

Individuals, estates, and trusts that paid significant amounts of the 3.8% net investment income tax or the 0.9% additional Medicare tax in 2016 or later years should consider filing protective claims for refund of those taxes…more

Affordable Care Act, Capital Gains, Health Insurance, Income Taxes, IRS

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New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships

A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme…more

ABC Test, Corporate Counsel, Employer Liability Issues, Independent Contractors, NJ Supreme Court

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2021 Amendments To Delaware Corporate Law And Alternative Entity Statutes

The 2021 amendments to the Delaware General Corporation Law (the DGCL), the Delaware Revised Uniform Partnership Act (the DRUPA), the Delaware Revised Uniform Limited Partnership Act (the DRULPA), and the Delaware Limited…more

Corporate Governance, LLC Agreements, Partnerships, Public Benefits, Stocks

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New Tax Law Provisions Encourage Investments In Low-Income Communities

New tax incentives for investments in low-income communities were created under the recent federal tax legislation, Public Law 115-97 (the "Act"), signed into law on December 22, 2017. Investors selling any property may elect to…more

Capital Gains, Investors, Low-Income Issues, Opportunity Zones, Residential Real Estate Market

See all updates »

Substantial Increase In US Trademark Fees Will Ring In New Year 2021

If you are considering filing a new trademark application or maintaining an existing registration, you may want to file your submission before the end of 2020. The United States Patent and Trademark Office (USPTO) will increase…more

Maintenance Fees, Trademark Application, Trademark Registration, Trademark Trial and Appeal Board, Trademarks

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Deferral Of State Income Tax Filings And Payments

A number of states have extended filing and payment deadlines. The following is a summary of the status of extensions for states within the McCarter & English footprint: Connecticut- •The Connecticut Department of Revenue…more

Coronavirus/COVID-19, Filing Deadlines, Income Taxes, Relief Measures, State Taxes

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New Jersey Biotechnology Task Force Recommends Angel Investor Tax Credit Program Expansion

Good news for investors and entrepreneurs: The New Jersey Biotechnology Task Force (Task Force) has published its final report and recommendations to expand the Angel Investor Tax Credit Program with the goal of incentivizing…more

Angel Investors, Biotechnology, Investors, Life Sciences, Tax Credits

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US Merger Filing Thresholds and Filing Fees 2024 Updates

Annually, the Federal Trade Commission (FTC) reviews and adjusts the premerger notification reporting thresholds for reporting acquisitions of voting securities, assets, or noncorporate interests (each a Transaction) under the…more

Civil Monetary Penalty, Consumer Price Index, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

See all updates »

SCOTUS Grants Debt Collectors Limited Reprieve

The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”)…more

Bankruptcy Code, Chapter 13, Debt Collection, Debt Collectors, FDCPA

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FERC Mandates Remote Proceedings

The Federal Energy Regulatory Commission (FERC) has adapted swiftly to being physically closed to the public due to the pandemic. Energy industry participants should understand that wholesale energy regulation is moving forward…more

Coronavirus/COVID-19, Environmental Litigation, FERC, Pandemic, Remote Working

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The Third Circuit Shares Some Food For Thought On The Bounds Of Trade Dress Protection

The overall look of a product – including the look of a snack or a treat – may be entitled to intellectual property protection as “trade dress.” But the protection of the overall look of a product as trade dress is neither…more

Appellate Courts, Corporate Counsel, Infringement, Intellectual Property Protection, Trade Dress

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California Strikes Back…For Data Privacy!

Well, California is at it again. Less than one year after the California Consumer Privacy Act (“CCPA”) took effect, the people of California voted to approve Proposition 24 (aka the California Privacy Rights Act, the “CPRA”) on…more

California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cloud Storage, Consent

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Disclosure Industry Working Group Encourages Timely Covid-19 Disclosures

The Disclosure Industry Working Group reminds issuers that applicable filing deadlines have not been extended by either the U.S. Securities and Exchange Commission (SEC) or the Internal Revenue Service (IRS), and encourages all…more

Compliance, Coronavirus/COVID-19, Disclosure, EMMA, Filing Deadlines

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Connecticut Updates Guidance on PFAS Drinking Water Action Levels

On June 15, 2022, the Connecticut Department of Public Health (DPH) revised its non-binding standards for Per- and Polyflouroalkyl Substances (PFAS)—and also renewed its call for public water systems to test for PFAS and take…more

Connecticut, New Guidance, PFAS, Public Health, State Health Departments

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Pleading Failures Doom Disclosure Claims in Short-Form Merger Case

Vice Chancellor Tamika R. Montgomery-Reeves of the Delaware Court of Chancery (the “Court”) issued a Memorandum Opinion on January 4, 2017, dismissing a lawsuit arising from a short-form merger involving United Capital…more

Appraisal, Breach of Duty, Class Action, Corporate Counsel, Duty to Disclose

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New Jersey Creates Venture Capital Fund To Supercharge Investment Into Early-Stage And Emerging Growth Companies In The State

New Jersey Governor Phil Murphy is expected to sign into law the New Jersey Innovation Evergreen Act in the coming days/weeks. Pursuant to the Act, the New Jersey Economic Development Authority (the NJEDA) will create a fund,…more

Capital Investments, Economic Development, Emerging Growth Companies, Governor Murphy, New Jersey

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An Emerging Trend in Early-Stage Company Financing? – After Years of Growing Ubiquity of Convertible Notes, a Return to Priced Equity Rounds

After years of increasing acceptance of and reliance on convertible note financings as a mechanism for funding early-stage companies, we have noted a clear emerging trend away from such transactions (and others like them,…more

Capital Raising, Conversion, Convertible Debt, Early Stage Companies, Entrepreneurs

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The Coronavirus: Up-To-Date Guidance For Employers

Now that cases of the coronavirus disease (dubbed “COVID-19” by the World Health Organization) have been diagnosed in several states, businesses are increasingly encountering a variety of employment-related issues. Here are some…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases

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Does Not Compute: UK Supreme Court Rules That AI-Generated Inventions Cannot Receive Patents

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for patent…more

Artificial Intelligence, Innovation Patent, Innovative Technology, Inventions, Inventors

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New Jersey Creates Venture Capital Fund To Supercharge Investment Into Early-Stage And Emerging Growth Companies In The State

New Jersey Governor Phil Murphy is expected to sign into law the New Jersey Innovation Evergreen Act in the coming days/weeks. Pursuant to the Act, the New Jersey Economic Development Authority (the NJEDA) will create a fund,…more

Capital Investments, Economic Development, Emerging Growth Companies, Governor Murphy, New Jersey

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Commercial Real Estate Closings Move Forward During COVID-19 Pandemic-UPDATED April 15 2020

Although the COVID-19 pandemic is requiring changes in standard practices, many commercial real estate transactions are continuing to close—albeit with various logistical adjustments. To help keep closings on track, we discuss…more

Closing Date, Commercial Real Estate Market, Coronavirus/COVID-19, Electronic Notarization Standard, Governor Lamont

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U.S. Regulators Require Banks And Bank Affiliates To Amend Contracts With Utilities

New rules adopted by federal banking regulators will affect many electric power, natural gas, and other contracts between banks or their affiliates and their utility counterparties, including public power, cooperative, and…more

Banking Sector, Banks, FDIC, Qualified Financial Contracts (QFC), Utilities Sector

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Courts Find Coverage For COVID-19 Business Interruption Losses

Policyholders are hailing two recent victories in their pursuit of insurance coverage for COVID-related business interruption losses. A North Carolina court granted a policyholder summary judgment that a commercial property…more

All-Risks Insurance, Business Closures, Business Interruption, Business Losses, Coronavirus/COVID-19

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New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut

Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,…more

Commercial Real Estate Market, Connecticut, Default, Foreclosure, Investors

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Third Circuit Provides Guidance To Creditors Seeking Section 503(b)(9) Administrative Expense Status

Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of goods supplied to a debtor prior to a bankruptcy case is an administrative…more

Administrative Expenses, Bankruptcy Code, Creditors, Debtors, Section 503(b)(9)

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Delaware Bankruptcy Court Denies Creditors’ Committee Access To Privileged Documents

In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose…more

Attorney-Client Privilege, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

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Sovereign Immunity Does Not Shield State-Owned Patents From Inter Partes Review

States and their agencies, particularly state universities, are often parties to patent infringement litigation in federal courts. An increasingly common defense to infringement allegations is to ask the Patent Office to…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patents, Sovereign Immunity

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New Jersey FY 2025 – Transportation Department Budget Hearing

Fran O’Connor, acting commissioner of the New Jersey Department of Transportation (NJDOT); Kevin S. Corbett, president and CEO of NJ Transit (NJT); and Motor Vehicle Commission (MVC) Chief Administrator Latrecia Littles-Floyd…more

Climate Change, Department of Transportation (DOT), Electric Vehicles, Infrastructure, New Jersey

See all updates »

US Merger Filing Thresholds and Filing Fees 2024 Updates

Annually, the Federal Trade Commission (FTC) reviews and adjusts the premerger notification reporting thresholds for reporting acquisitions of voting securities, assets, or noncorporate interests (each a Transaction) under the…more

Civil Monetary Penalty, Consumer Price Index, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

See all updates »

Sometimes Post-Proposal Communications Are More Than Sweet Nothings …

As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an…more

Bid Proposals, Bid Protests, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

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Finders Keepers

SEC Proposes to Allow Finders to Receive Transaction-Based Compensation in Certain Limited Circumstances Without Having to Register as a Broker-Dealer- In an effort to help small and emerging businesses raise capital, the…more

Accredited Investors, Broker-Dealer, Capital Raising, Due Diligence, General Solicitation

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SEC Adopts New Executive Compensation Clawback Rules for Public Companies

On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and…more

CEOs, CFOs, Clawbacks, Consumer Protection Act, Dodd-Frank

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Taxpayers That Paid The Net Investment Income Tax Or The Additional Medicare Tax Should Consider Filing Protective Claims For Refund

Individuals, estates, and trusts that paid significant amounts of the 3.8% net investment income tax or the 0.9% additional Medicare tax in 2016 or later years should consider filing protective claims for refund of those taxes…more

Affordable Care Act, Capital Gains, Health Insurance, Income Taxes, IRS

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New Jersey General Election Results

The results from New Jersey’s 2023 general election delivered fascinating insights into the state’s political landscape. All 120 seats in the Legislature were on the ballot, contested under a newly redrawn legislative map…more

Election Results, General Elections, New Jersey, Political Candidates, Political Parties

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Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service…more

Appeals, Companionship Exemptions, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Home Health Agencies

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New Jersey Supreme Court Affirms The Proper Scope Of Shareholders’ Right To Inspect Books And Records

The New Jersey Supreme Court affirmed per curiam the Appellate Division’s decision in R.A. Feur v. Merck & Co., Inc. and its strict adherence to the New Jersey corporate statute N.J.S.A. 14A:5-28 governing “books and records”…more

Books & Records, Inspection Rights, Shareholder Litigation, Shareholder Rights, Shareholders

See all updates »

Benefit Plan Deadlines Extended, Enforcement Standards Relaxed by DOL And IRS During Pandemic

The U.S. Department of Labor’s Employee Benefits Security Administration and the IRS recently issued the following coordinated guidance providing additional relief to employee benefit plan sponsors, fiduciaries, participants,…more

COBRA, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance

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What’s In Your Contract: A Primer On Force Majeure Provisions

Since its insurgence in China’s Hubei province in December 2019, the novel coronavirus (“COVID-19”) has wreaked havoc on human health and life globally. With federal, state, and local governments in the United States and abroad…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Connecticut Updates Guidance on PFAS Drinking Water Action Levels

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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