Author Info for McCarter & English, LLP

Onome Adejemilua

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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David Adler

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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Wolfgang Albrecht, III

Trump Administration Shifts DOJ’s Approach to FCPA Enforcement

On February 10, 2025, President Trump signed an Executive Order (EO) directing Attorney General Pam Bondi to halt ongoing enforcement by the Department of Justice (DOJ) in all active prosecutions brought pursuant to the Foreign… more

Anti-Corruption, Compliance, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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Jacob Alexander

The Patents Are Coming! The Patents Are Coming!—USPTO Reduces Time to Issue Patents

Under the United States Patent and Trademark Office’s (USPTO) modernization efforts, the time between paying the issue fee and issuance of the patent is being reduced. Faster patent issuance gives patent applicants less time to… more

Disclosure Requirements, Filing Fees, Inventions, New Guidance, Patent Applications

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Philip Amoa

Recent Amendments to the General Corporation Law of the State of Delaware

On August 1, 2025, legislation went into effect amending the Delaware General Corporation Law (DGCL) of the state of Delaware as contained in Senate Bill No. 95. The following is a brief summary of some of the more significant… more

Annual Reports, Articles of Incorporation, Business Entities, Corporate Governance, Corporate Taxes

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Mark Anania

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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Jedediah Ande

New Jersey Senate Committee Advances Psilocybin Behavioral Health Access and Services Act

In a landmark move, New Jersey’s Senate Health, Human Services, and Senior Citizens Committee convened on June 6 to deliberate on the Psilocybin Behavioral Health Access and Services Act, a groundbreaking bill with the potential… more

Healthcare, Mental Health, New Jersey, Plant Based Products, Senate Committees

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Guillermo Artiles

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

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Brendan Ashe

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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Vanessa Roberts Avery

DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity Inclusion and Accessibility (DEIA) Programs

On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a… more

Anti-Discrimination Policies, Civil Rights Act, Constitutional Challenges, Criminal Investigations, Department of Justice (DOJ)

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Kristy Avino

[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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Joseph Bachelder

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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Shira Baratz

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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Franklin Barbosa, Jr.

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

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Omar Bareentto

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

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Anthony Bartell

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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John Basenfelder

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

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Dhruthi Batchu

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

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Sean Beeny

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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Erik Paul Belt

New Patent Office Guidance Raises Bar for IPR Petitioners

The Patent Office recently announced that it will begin enforcing a rule that requires that inter partes review (IPR) petitions “specify where each element of the claim is found in the prior art patents or printed publications… more

America Invents Act, Corporate Counsel, Disclosure Requirements, Inter Partes Review (IPR) Proceeding, New Guidance

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Howard Berkower

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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MarcAnthony Bonanno

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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Jessie Bonaros

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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Jeannette Bond

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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Craig Bonnist

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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Lisa Bonsall

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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Chelsea Botsch

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

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Jillian Bray

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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Kelly Brennan

Mansion and Controlling Interest Transfer Tax Amendments Signed Into Law: Buyers and Sellers Must Move Fast to Avoid Rate Increase

On Tuesday, July 1, Governor Phil Murphy signed into law Senate Bill S4666/Assembly Bill A5804 (collectively, the Bill), which impacts certain transfers of real property. The Bill amends the existing fees imposed on certain… more

Buyers, Commercial Property Owners, Commercial Real Estate Market, Governor Murphy, New Jersey

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John Brescher Jr.

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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Lev Breydo

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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Briana Briana Proudfoot

Massachusetts Releases Emergency Guidelines Concerning MBTA Communities Act Zoning

Massachusetts’s Executive Office of Housing and Livable Communities (EOHLC) issued emergency guidelines for the implementation and enforcement of the MBTA Communities Act, following on the heels of the Massachusetts Supreme… more

Affordable Housing, Community Development, Compliance, Enforcement, Local Ordinance

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Simone Wilson-Brito

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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David Broderick

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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Daniel Brown

“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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Ethan Brown

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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Kevin Brown

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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William Brown, Jr.

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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Andriani Buck

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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Kate Roggio Buck

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

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Adam Budesheim

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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Paul Buonaguro

What OBBBA Means for Individual Taxpayers: Key Takeaways

On July 4, 2025, President Trump signed into law the legislation commonly referred to as the One Big Beautiful Bill or OBBBA, which includes many tax law changes impacting individuals. The changes cover a broad range of taxpayer… more

Alternative Minimum Tax, Capital Gains, Child Tax Credit, Income Taxes, Itemized Deductions

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Robert Burger

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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Daniela Calabro Gallagher

What OBBBA Means for Businesses: Key Takeaways

On July 4, 2025, President Trump signed into law the legislation commonly referred to as the One Big Beautiful Bill or OBBBA, which includes several changes to the federal income tax treatment of trade or business activities… more

Bonus Depreciation, Business Taxes, EBITDA, Internal Revenue Code (IRC), New Legislation

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Sheila Calello

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

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Christian Callegari

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

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Peter Campitiello

SEC Adopts Rule Amendments to Regulation S-P to Safeguard Customer Information and Enhance Cybersecurity Procedures at Financial Institutions

On May 16, 2024, the Securities and Exchange Commission (SEC) adopted amendments to Regulation S-P to “modernize and enhance the rules that govern the treatment of consumers’ nonpublic personal information by certain financial… more

Breach Notification Rule, Broker-Dealer, Consumer Privacy Rights, Cybersecurity, Financial Institutions

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Brian Carroll

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

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Joseph Cherico

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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Vadim Cherkasov

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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James Choukas-Bradley

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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Dave Christensen

Court Sets New Limits on Use of Copyrighted Materials to Train AI Models

The rapid adoption of artificial intelligence (AI) has sparked a pressing legal debate over how copyrighted materials can be used to train generative AI systems, particularly large language models (LLMs), without permission from… more

Algorithms, Artificial Intelligence, Authorship, Copyright, Copyright Infringement

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Scott Christie

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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Dayna Chucta

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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Rachel Churchill

Massachusetts Releases Emergency Guidelines Concerning MBTA Communities Act Zoning

Massachusetts’s Executive Office of Housing and Livable Communities (EOHLC) issued emergency guidelines for the implementation and enforcement of the MBTA Communities Act, following on the heels of the Massachusetts Supreme… more

Affordable Housing, Community Development, Compliance, Enforcement, Local Ordinance

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Aya Cieslak-Tochigi

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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Marcie Beth Clarke, PhD

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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Naida Colakhodžic

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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Thomas Collins

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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Caroline Colpoys

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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Kevin Conoscenti

New Executive Order Seeks to Sunset Key Energy Regulations

President Trump signed on April 9, 2025 an executive order titled Zero-Based Regulatory Budgeting to Unleash American Energy that seeks to deregulate the energy industry by directing various governmental agencies–the… more

Department of Energy (DOE), Energy Policy, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

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Nicole Corona

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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Robin Crauthers

Robinson-Patman Act Case Roundup: Regulatory Uncertainty and Private Litigation Trends

The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over two… more

Antitrust Injuries, Antitrust Litigation, Antitrust Violations, Biden Administration, Enforcement Actions

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Paula Cruz Cedillo

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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John Curran

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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Daniel D'Alessandro

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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Salvatore D'Alia

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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Thomas DaCosta Lobo

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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Mark Daniele

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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Joseph Daniels

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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Kaylie Daniels

Robinson-Patman Act Case Roundup: Regulatory Uncertainty and Private Litigation Trends

The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over two… more

Antitrust Injuries, Antitrust Litigation, Antitrust Violations, Biden Administration, Enforcement Actions

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Sarah Delia

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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Bernard Devieux

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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Theresa Dill

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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Thomas Doherty

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment… more

Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training

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J. Wylie Donald

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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James Donoian

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

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Kendeil Dorvilier

The Evolution of the CTA: FinCEN Removes Beneficial Ownership Reporting Requirements for US Companies and US Persons, Sets New Deadlines for Foreign Companies

On March 21, 2025, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced it is issuing an interim final rule to remove the Corporate Transparency Act’s (CTA) beneficial ownership information… more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Disclosure Requirements

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Paul Dritsas

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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Gary Duescher

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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Amanda Dumville

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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Andrew Dupre

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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Andrew Ehle, PhD

Senate Advances IP and Drug Pricing Legislation Amid Innovation Concerns

A Senate panel has advanced three sets of bipartisan bills purportedly aimed at reforming the intellectual property (IP) landscape and lowering the cost of prescription drugs. Together, these bills seek to address issues with… more

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Randolph Elliott

New Executive Order Seeks to Sunset Key Energy Regulations

President Trump signed on April 9, 2025 an executive order titled Zero-Based Regulatory Budgeting to Unleash American Energy that seeks to deregulate the energy industry by directing various governmental agencies–the… more

Department of Energy (DOE), Energy Policy, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

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Matthew Van Eman

USPTO Discontinues Accelerated Examination for Utility Patent Applications, but Track 1 Remains a Good Option

The USPTO recently announced that the Accelerated Examination program will be discontinued as of July 10, 2025. Given that the program has had limited use over the past decade, with fewer than 100 Accelerated Examination… more

Accelerated Examination Program, America Invents Act, Design Patent, Fees, Filing Deadlines

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Stesha Emmanuel

Massachusetts Passes New Salary Disclosure Law

As summer begins to all but fade into the background, it is a good time to revisit legal compliance with state and federal requirements in the employment context. Massachusetts recently joined the growing wave of states to pass… more

Bonuses, Disclosure Requirements, EEO-1, Hiring & Firing, Job Ads

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Kieran Ensor

FTC Issues PBM Report Signaling Consolidation Is Impacting Pharmaceutical Prices

At a public meeting held on January 15, 2025, the Federal Trade Commission (FTC) summarized the Second Interim Staff Report (Second Report) stemming from its investigation into pharmacy benefit managers (PBMs) and their impacts… more

Antitrust Provisions, Competition, Drug Pricing, Enforcement Actions, Federal Trade Commission (FTC)

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Alisha Faherty

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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Edward Fanning Jr.

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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Jennifer Farina

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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Clement Farley

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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Michael Fasciale

Changing Immigration Policies Pose New Challenges for NCAA Institutions and NIL Opportunities for International Student-Athletes

Nearly 25,000 international student-athletes from countries around the globe compete in National Collegiate Athletic Association (NCAA) sports. Almost all NCAA international student-athletes are on F-1 student visas, which… more

Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals, Name and Likeness, NCAA

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Susan Feeney

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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Travis Ferguson

Who Sins Most? The Tempter or the Tempted?—Court of Chancery Allocates Equal Fault Among Acquirer and Target Officers in Merger Dispute

In In re Columbia Pipeline Group, Inc. Merger Litigation, C.A. No. 2018-0484-JTL, the Delaware Court of Chancery allocated liability among two sell-side officers and a third-party acquirer under the Delaware Uniform Contribution… more

Aiding and Abetting, Breach of Duty, Confidential Information, Corporate Counsel, Delaware General Corporation Law

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Joseph Ferino

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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Frank Ferruggia

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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Thomas Finn

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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Thomas Foley

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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Joseph Philip Forte

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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Leroy Foster

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v. Avon… more

Appellate Courts, Asbestos, Asbestos Litigation, Causation, Foreign Persons

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Stephen Fox

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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James Freebery

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

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Kia Freeman

USPTO Increases Patent Fees Effective January 19, 2025

The US Patent and Trademark Office (USPTO) recently announced that it will increase patent fees effective January 19, 2025. The USPTO will raise almost all existing patent fees. Although the USPTO made a few exceptions for… more

Continuation Applications, Filing Fees, Patent Applications, Patent Fees, Patents

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Michael Friscia

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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Mary Gabriel

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

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Gianni Garyfallos

New Jersey Senate Committee Advances Psilocybin Behavioral Health Access and Services Act

In a landmark move, New Jersey’s Senate Health, Human Services, and Senior Citizens Committee convened on June 6 to deliberate on the Psilocybin Behavioral Health Access and Services Act, a groundbreaking bill with the potential… more

Healthcare, Mental Health, New Jersey, Plant Based Products, Senate Committees

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Emily Gianquinto

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the… more

Administrative Law Judge (ALJ), Confidentiality Agreements, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Mark Dunn Giarratana

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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Leigh Gilligan

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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Thomas Gironda

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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Susan Okin Goldsmith

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the named… more

Appeals, Corporate Governance, Damages, Dewberry Group Inc v Dewberry Engineers Inc, Discovery

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Ira Gonzalez

Trump Signs Executive Order Titled “SAVING COLLEGE SPORTS.” What Does This Mean?

President Trump signed an executive order titled “Saving College Sports,” on July 24, 2025. The order, which has been the subject of speculation for weeks, is presented as a response to the rapidly evolving and increasing… more

College Athletes, Colleges, Department of Justice (DOJ), Executive Orders, Federal Trade Commission (FTC)

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Marcos Gonzalez

DOD Releases Final Rule Prohibiting the Acquisition of Certain Magnets from Nonaligned Foreign Nations

China dominates the rare earth industry, accounting for approximately 60 percent of rare earth metal mining and approximately 90 percent of rare earth metal processing in 2023. In order to combat this near-monopoly and to limit… more

China, Department of Defense (DOD), DFARS, Final Rules, NDAA

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Thomas Goodwin

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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Daniella Gordon

DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity Inclusion and Accessibility (DEIA) Programs

On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a… more

Anti-Discrimination Policies, Civil Rights Act, Constitutional Challenges, Criminal Investigations, Department of Justice (DOJ)

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Ira Gottlieb

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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Denise Goulet

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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Meredith Gramann

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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Theodore Grannatt

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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John Gregg

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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Michael Guariglia

What OBBBA Means for Individual Taxpayers: Key Takeaways

On July 4, 2025, President Trump signed into law the legislation commonly referred to as the One Big Beautiful Bill or OBBBA, which includes many tax law changes impacting individuals. The changes cover a broad range of taxpayer… more

Alternative Minimum Tax, Capital Gains, Child Tax Credit, Income Taxes, Itemized Deductions

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Amy Haberman

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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Zlatko Hadzismajlovic

Changing Immigration Policies Pose New Challenges for NCAA Institutions and NIL Opportunities for International Student-Athletes

Nearly 25,000 international student-athletes from countries around the globe compete in National Collegiate Athletic Association (NCAA) sports. Almost all NCAA international student-athletes are on F-1 student visas, which… more

Employment Authorization Documents (EAD), F-1 Visa, Foreign Nationals, Name and Likeness, NCAA

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Gary Hall

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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Andrew Hamilton

Viva ‘Contractification’: New Executive Order Promises Changes to Grant Oversight

In its continuous drive to alter business as usual, the federal government has made many changes this year to the way it manages financial assistance (grants and cooperative agreements). Executive Order 14332, “Improving… more

Biden Administration, Contract Management, Contract Termination, Contract Terms, Executive Orders

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Nathan Harrison, Ph.D.

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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Patrick Harrity

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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Richard Hernandez

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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David Himelfarb

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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Gregory Hindy

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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Lee Holtzman

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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Michael Horn

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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Gregory Horowitz

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

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Joel Horowitz

One Big Beautiful Bill Act Tax Law Updates–Private Educational Institutions and Nonprofits

On July 4, 2025, President Trump signed into law legislation commonly referred to as the “One Big Beautiful Bill Act” (OBBBA), which includes provisions that specifically affect private primary, secondary, and post-secondary… more

529 Plans, Educational Institutions, Excise Tax, Internal Revenue Code (IRC), New Legislation

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Nathan Howe

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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Benjamin Hron

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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Tiffany Hubbard

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment… more

Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training

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Curtis Johnson

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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Forrest Jones

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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Morgan Jones

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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Alexandra Joyce

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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Brett Kahn

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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Howard Kailes

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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David Kane

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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Robert Kaplan

DOL Issues Guidance on Retirement Plan Treatment of Missing Participants with Small Balances

The United States Department of Labor (DOL) has released Field Assistance Bulletin 2025-01 (the Bulletin), providing much-needed guidance to fiduciaries of retirement plans covered by the Employee Retirement Income Security Act… more

401k, Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Quincy Kayton

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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Kathleen Keating

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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Cynthia Keliher

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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James Kellar

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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Daniel Kelly

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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John Kelly

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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Laura Kelly

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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Michael Kelly

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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George Kendall

Healthcare Consolidation and Private Equity: Public Input on Antitrust Healthcare Regulations

The Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) (together the Agencies) launched a cross-government agency request for information… more

Acquisitions, Antitrust Division, Competition, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Jane Kimball

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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Phyllis Kimmel

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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Benjamin Klein

DOJ Criminal Division Announces White Collar Enforcement Priorities and Policy Changes to White Collar Investigations

Earlier this week, the US Department of Justice (DOJ) released a new white collar enforcement plan (Enforcement Plan) outlining changes to the Criminal Division’s white collar enforcement priorities to align more closely with… more

Bribery, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Khaled Klele

Were All Those Nurse Staffing Seminars for Naught?

The contentious Nursing Home Minimum Staffing Rule (Rule), which established minimum staffing requirements for federally funded long-term care facilities (LTC) such as skilled nursing facilities (SNFs) for Medicare and nursing… more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Healthcare, Healthcare Facilities, Long Term Care Facilities

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Scott Kobler

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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Alan Kornstein

What OBBBA Means for Individual Taxpayers: Key Takeaways

On July 4, 2025, President Trump signed into law the legislation commonly referred to as the One Big Beautiful Bill or OBBBA, which includes many tax law changes impacting individuals. The changes cover a broad range of taxpayer… more

Alternative Minimum Tax, Capital Gains, Child Tax Credit, Income Taxes, Itemized Deductions

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David Kott

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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Monica Krup

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of the ‘Bump-Up’ Exclusion

A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of 1934… more

Board of Directors, Class Action, Corporate Governance, D&O Insurance, Delaware

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Lanny Kurzweil

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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Thomas Ladd

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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Peter Lam

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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Ward Laracy

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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Jill Lebowitz

One Big Beautiful Bill Act Tax Law Updates–Private Educational Institutions and Nonprofits

On July 4, 2025, President Trump signed into law legislation commonly referred to as the “One Big Beautiful Bill Act” (OBBBA), which includes provisions that specifically affect private primary, secondary, and post-secondary… more

529 Plans, Educational Institutions, Excise Tax, Internal Revenue Code (IRC), New Legislation

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Philip Lee

FAR 2.0 Part 39 in Arcade Mode—How Federal IT Acquisition Just Hit Reset

For those who grew up gripping a joystick and dodging alien fire in Defender, riding ostriches through floating platforms in Joust, or crossing a hectic freeway in Frogger, winning wasn’t about memorizing rules; it was about… more

Accessibility Rules, Acquisitions, Artificial Intelligence, Compliance, Cyber Attacks

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Ronald Leibman

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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Ilana Levin

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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Zhenggui Li

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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Joseph Lubertazzi Jr.

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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Connor Lynch

Recent Amendments to the General Corporation Law of the State of Delaware

On August 1, 2025, legislation went into effect amending the Delaware General Corporation Law (DGCL) of the state of Delaware as contained in Senate Bill No. 95. The following is a brief summary of some of the more significant… more

Annual Reports, Articles of Incorporation, Business Entities, Corporate Governance, Corporate Taxes

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Geoffrey Lynott

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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Joann Lytle

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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Ryan Magee

DEA Begins Hearings on Cannabis Rescheduling

Earlier this week, the Drug Enforcement Administration (DEA) held a preliminary hearing as part of the ongoing process to determine whether cannabis should be reclassified from Schedule I to Schedule III of the Controlled… more

Attorney General, Cannabis Products, Controlled Substances Act, DEA, Marijuana

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Michael Maitland

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

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Alexander Major

And in This Corner … the Sweet Science of Federal Contracting’s Year-End

September 30. All (most?) federal years end the same way, at least on paper—like a prizefight, with the clock ticking down; an agitated, uncertain crowd; a lot of money on the table; and a ref capable of stopping the match at… more

Appropriations Bill, Contract Management, Contract Terms, Cybersecurity Maturity Model Certification (CMMC), DFARS

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Patricia Malley

Tax Planning for Sports Franchise Owners, and the Rest of Us

Jim Irsay, the longtime owner and CEO of the Indianapolis Colts, died unexpectedly in May 2025. Irsay leaves behind not only a legacy in the NFL but also a sports franchise valued at approximately $4.4 billion. As Irsay’s family… more

Business Ownership, Estate Planning, Estate Tax, Gift Tax, High Net-Worth

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John Mallin

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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Katerina Mantell

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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Natalie Mantell

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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Inez Markovich

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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John Martin

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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Jeffrey Matrullo

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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Lauren Mauro

FTC Surveillance Pricing Study Finds Personal Data Is Used to Set Individualized Consumer Prices and Generate Higher Profits for Companies

On January 17, 2025, the US Federal Trade Commission (FTC) released the preliminary observations and findings from its ongoing study of surveillance pricing. According to the FTC, surveillance pricing occurs when companies… more

Artificial Intelligence, Consumer Privacy Rights, Consumer Protection Laws, Data Collection, Data Privacy

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Christopher Mayer

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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Joseph Mazzarella

Court Sets New Limits on Use of Copyrighted Materials to Train AI Models

The rapid adoption of artificial intelligence (AI) has sparked a pressing legal debate over how copyrighted materials can be used to train generative AI systems, particularly large language models (LLMs), without permission from… more

Algorithms, Artificial Intelligence, Authorship, Copyright, Copyright Infringement

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John McAleese

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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Leah McCoy

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the named… more

Appeals, Corporate Governance, Damages, Dewberry Group Inc v Dewberry Engineers Inc, Discovery

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John McKelway Jr.

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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Richard McMenamin

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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Kimberly Castellino Metzger

Season of Enforcement: OCR Announces Its Sixth Enforcement Action of 2025

With 2025 barely three weeks old, the US Department of Health and Human Services Office for Civil Rights (OCR) has already announced six enforcement actions for the new year. Particularly significant is the advancement of three… more

Breach Notification Rule, Cyber Attacks, Data Breach, Data Privacy, Data Security

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Robert Mintz

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot… more

Appeals, Criminal Defense, Criminal Penalties, Criminal Procedure, Criminal Rehabilitation

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Veronica Montagna

The Evolution of the CTA: FinCEN Removes Beneficial Ownership Reporting Requirements for US Companies and US Persons, Sets New Deadlines for Foreign Companies

On March 21, 2025, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced it is issuing an interim final rule to remove the Corporate Transparency Act’s (CTA) beneficial ownership information… more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Disclosure Requirements

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Herbert Moore, Jr.

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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Pamela Moore

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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David Mordkoff

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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Marjan Moussavian

DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity Inclusion and Accessibility (DEIA) Programs

On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a… more

Anti-Discrimination Policies, Civil Rights Act, Constitutional Challenges, Criminal Investigations, Department of Justice (DOJ)

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Jeffrey Muller

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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Hugh Murray, III

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment… more

Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training

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Zachary Myers

Don’t Get Caught in Scattered Spider’s Web

The cybercrime group known as Scattered Spider is at it again, according to Google’s Threat Intelligence Group. This criminal group is known to focus its cyber attacks on one sector at a time. Last spring, it was the retail… more

Attorney-Client Privilege, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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Richard Myslinski

Healthcare Consolidation and Private Equity: Public Input on Antitrust Healthcare Regulations

The Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) (together the Agencies) launched a cross-government agency request for information… more

Acquisitions, Antitrust Division, Competition, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Megan Nigro

Texas District Court Vacates FDA’s Final Rule Expanding Oversight to Laboratory Tests in Hospitals

In our May 2024 Healthcare Alert, we discussed a final rule published by the US Food and Drug Administration (FDA) amending its regulations to include in vitro diagnostic products (IVDs), even those manufactured in a laboratory,… more

Administrative Procedure Act, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Hospitals, Judicial Authority

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Richard Nolan Jr.

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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Allen O'Neil

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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Robert O'Neil

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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William O'Shaughnessy

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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Moy Ogilvie

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment… more

Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Training

See all updates »

Stephanie Olivo

Compliance Note No. 13: Upcoming ELEC Filing Deadlines for Parties

As New Jersey state and county political parties set leadership following the Primary election in June, they should be mindful of upcoming filing deadlines for the Election Law Enforcement Commission, including the required… more

Campaign Finance Reform, Compliance, Disclosure Requirements, Election Laws, Filing Deadlines

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Jessica Osterlof

Were All Those Nurse Staffing Seminars for Naught?

The contentious Nursing Home Minimum Staffing Rule (Rule), which established minimum staffing requirements for federally funded long-term care facilities (LTC) such as skilled nursing facilities (SNFs) for Medicare and nursing… more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Healthcare, Healthcare Facilities, Long Term Care Facilities

See all updates »

Katarina Overberg

A Hole in the Net: Massachusetts’s Six-Figure Penalty for Failure to Spot Phish

Massachusetts recently joined a growing number of states pursuing data privacy enforcement actions, announcing a $795,000 settlement with Peabody Properties, Inc., a Massachusetts-based firm. The property company oversees more… more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

William Palatucci

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

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Maria Panichelli

Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA

Another day, another executive order (EO) that will transform federal procurement as we know it. A March 20, 2025 EO entitled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” and its accompanying fact… more

Compliance, Executive Orders, Federal Contractors, General Services Administration (GSA), Government Agencies

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Dale Park

Court Short-Circuits Artificial Intelligence Patents: Federal Circuit Tightens Standards for Patent Eligibility

What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent… more

Algorithms, Appeals, Artificial Intelligence, Intellectual Property Protection, Inventions

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Sherilyn Pastor

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 »

Jean Patterson

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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Phillip Pavlick

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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Michelle Perez

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

See all updates »

Debra Perry

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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Jeffrey Petit

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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Stephanie Pisko

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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Grace Power

New Jersey Fiscal Year 2025 Budget Overview

Following extensive deliberations and legislative actions, Governor Phil Murphy signed the Fiscal Year 2025 New Jersey Appropriations Act on Friday night, setting the state’s financial course for the upcoming fiscal year. The FY… more

Economic Growth, Governor Murphy, Mental Health, New Jersey, Public Schools

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Erin Prest

A Hole in the Net: Massachusetts’s Six-Figure Penalty for Failure to Spot Phish

Massachusetts recently joined a growing number of states pursuing data privacy enforcement actions, announcing a $795,000 settlement with Peabody Properties, Inc., a Massachusetts-based firm. The property company oversees more… more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

Michael Puzyk

What OBBBA Means for Individual Taxpayers: Key Takeaways

On July 4, 2025, President Trump signed into law the legislation commonly referred to as the One Big Beautiful Bill or OBBBA, which includes many tax law changes impacting individuals. The changes cover a broad range of taxpayer… more

Alternative Minimum Tax, Capital Gains, Child Tax Credit, Income Taxes, Itemized Deductions

See all updates »

Kevin Quinn

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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Charles Ray

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

See all updates »

Thomas Rechen

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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Hayley Reese

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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James Regan

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 »

Azreen Rehman

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

See all updates »

R. Andrew Richards

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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Alexander Ried

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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Matthew Rifino

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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Carissa Rodrigue

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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Christopher Rojao

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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Geoffrey Rosamond

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot… more

Appeals, Criminal Defense, Criminal Penalties, Criminal Procedure, Criminal Rehabilitation

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Jonathan Pizarro-Ross

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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Gita Rothschild

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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Mario Russo

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

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Christine Ryan

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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Jeffrey Safran, PhD

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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Lawrence Sannicandro

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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Adam Saravay

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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Michael Sartori, PhD

USPTO Increases Patent Fees Effective January 19, 2025

The US Patent and Trademark Office (USPTO) recently announced that it will increase patent fees effective January 19, 2025. The USPTO will raise almost all existing patent fees. Although the USPTO made a few exceptions for… more

Continuation Applications, Filing Fees, Patent Applications, Patent Fees, Patents

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Sarah Schaeffer-Roth

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v. Avon… more

Appellate Courts, Asbestos, Asbestos Litigation, Causation, Foreign Persons

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Scott Seger

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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Jacqueline Shanes

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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Anne Shannon

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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David Shipley

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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Jonathan Short

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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Jacob Shulman

KKR Countersues DOJ for Confusing and Contradictory HSR Rules

Not every investment firm countersues the acting assistant attorney general of the United States for the Antitrust Division, the United States Department of Justice (Antitrust Division), the Federal Trade Commission (FTC), and… more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Competition, Compliance

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Lori Shyavitz

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit… more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Daniel Silver

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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William Simmerson

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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Matthew Sklar

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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Susan Wang Smalley

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot… more

Appeals, Criminal Defense, Criminal Penalties, Criminal Procedure, Criminal Rehabilitation

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Scott Smedresman

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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Paige N. Smith

New Patent Office Guidance Raises Bar for IPR Petitioners

The Patent Office recently announced that it will begin enforcing a rule that requires that inter partes review (IPR) petitions “specify where each element of the claim is found in the prior art patents or printed publications… more

America Invents Act, Corporate Counsel, Disclosure Requirements, Inter Partes Review (IPR) Proceeding, New Guidance

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Sarah Smith

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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Shawn Smith

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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Benjamin Smyth

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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David Sorin

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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Jared Sorin

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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Christina Sperry

Navigating the Landscape of Patent Challenges at the USPTO

Challengers striving to beat higher-ranked opponents at the US Open tennis tournament happening now in New York are not the only challengers facing tricky new situations. Parties wishing to challenge the validity of US patents… more

America Invents Act, Denial of Institution, Inter Partes Reexamination, Inter Partes Review (IPR) Proceeding, Patent Applications

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Peter Stergios

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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Ian Sterlin

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit… more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Adam Sternbach

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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Tiffany Stevens

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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Emily Streett

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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Eric Strum

US Government Increases Fees for Trademark Filings

The US Patent and Trademark Office (USPTO) is raising many fees for trademark filings effective January 18, 2025. Many fees will increase by $50–$100 per class of goods and/or services. The USPTO will also impose surcharges on… more

Fees, Filing Fees, Intellectual Property Protection, Trademark Application, Trademark Registration

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Jennifer Black Strutt

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of the ‘Bump-Up’ Exclusion

A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of 1934… more

Board of Directors, Class Action, Corporate Governance, D&O Insurance, Delaware

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Adam Swanson

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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F. Alvin Taylor Jr.

MISO Proposes Short-Term Solution to Help Accelerate Generation Project Review Process

Energy markets in the United States are experiencing rapid changes on both the demand and supply sides of the equation. While various drivers such as a resurgence in manufacturing, data center buildouts for cloud computing and… more

Electricity, Energy Policy, Energy Projects, Energy Sector, FERC

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William Taylor, Jr.

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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Jeffrey Testa

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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James Thomson

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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Siobhán Tolan

Penn State Wins Battle of the Vintage Trademarks

When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have… more

Intellectual Property Protection, Licensing Rules, Logos, Merchants, Penn State

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Catherine Tung

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

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Ashley Turner

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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Franklin Turner

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical Pharmaceutical

On July 31, 2025, the Court of Federal Claims (COFC) issued its decision in The DaVinci Company v. United States. The case is noteworthy for contractors grappling with geographical supply chain concerns because it elucidates the… more

Bid Protests, Buy American Act, COFC, Country of Origin, Court of Federal Claims

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Matthew Uretsky

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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Michele Vaillant

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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Stephen Vajtay Jr.

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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Alexandra Viqueira

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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Richard Voigt

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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William Wallach

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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Meredith Walsh

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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Matthew Wapner

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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Jane Kimball Warren

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup… more

CERCLA, Connecticut, Contaminated Properties, Contamination, Due Diligence

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Natalie Watson

Expansiveness of TCPA Limited by ACA’s Win in FCC Lawsuit

On March 16, 2018, the United States Court of Appeals, in a 3-0 decision, sided with ACC International in its challenge to the Federal Communications Commission’s (“FCC’s”) July 10, 2015, Omnibus Order (“Order”), through which… more

ATDS, Auto-Dialed Calls, Cell Phones, Declaratory Rulings, FCC

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Steven Weisman

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits… more

Antitrust Litigation, Antitrust Violations, College Athletes, Name and Likeness, NCAA

See all updates »

Danielle Weslock

Your Small Business May Be Eligible To Supplement Its Paycheck Protection Program Loan With An SBA Economic Injury Disaster Loan

The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) expanded the existing Economic Injury Disaster Loan program (“EIDL”) by streamlining the application process and providing lower interest rates and longer… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, SBA, SBA Lending Programs

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David White

US Supreme Court’s Ruling Favors Debt Collectors In Fair Debt Collection Practices Act Decision

Rotkiske v. Klemm, 589 U.S. (2019) In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act (“FDCPA”) has one year from the alleged violation to file suit… more

Cause of Action Accrual, Credit Cards, Debt Collectors, Default Judgment, Discovery Rule

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Brian Wilton

New Jersey Enacts FY 2026 Budget: Key Takeaways

New Jersey has enacted its Fiscal Year 2026 budget, with the Legislature passing a $58.78 billion spending plan ahead of the July 1 constitutional deadline. The final budget reflects an increase of approximately $727 million… more

Clean Energy, Economic Development, Education Budget, Education Reform, Electric Vehicles

See all updates »

Matthew Windman

FTC’s “Attention Economy” Workshop Spotlights Tech Platform Practices Affecting Children and Potential Regulatory Implications

“Just when I thought I was out, they pull me back in.” —Michael Corleone, The Godfather Part III. That iconic line about inescapable forces doesn’t just capture those thoughts of a mob boss trying to retire. It could just as… more

Algorithms, Antitrust Provisions, App Store, Big Tech, Consumer Protection Laws

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Matthew Wright

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as… more

Affirmative Action, Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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Cara Wulf

CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense (DoD)… more

Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Contracts, Department of Defense (DOD)

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Daniel Zazzali

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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