The U.S. Supreme Court on Monday struck down a regulatory scheme that required home-care providers for Medicaid recipients to pay fees to a union, but declined to overturn precedent allowing public sector unions to collect fees from nonunion workers. Here, attorneys tell Law360 why the decision Continue Reading
Lawyers Weigh In On High Court’s Recess Appointment Ruling
The U.S. Supreme Court on Thursday struck down President Barack Obama's three recess appointments to the National Labor Relations Board, but took a broad view of the president's appointment power. Here, attorneys tell Law360 why the decision in National Labor Relations Board v. Noel Canning is Continue Reading
6 Tips for Shaving Down a Hotel Tax Bill
Hotels can have a hard time scoring fair tax assessments given their complicated revenue streams. And now that the lodging business is booming, some experts predict, tax bills will rise, too—and not always justly.“Assessors just make mistakes, and they don't recognize that some of the hotels, Continue Reading
Lawyers Weigh In on High Court’s Software Patent Ruling
The U.S. Supreme Court on Thursday ruled that computerized abstract ideas are not patent eligible. Here, attorneys tell Law360 why the decision in Alice Corp. Pty Ltd. v. CLS Bank International is significant. Continue Reading
Attorneys React To High Court’s Gene Patent Ruling
The U.S. Supreme Court ruled unanimously that human genes cannot be patented, striking down Myriad Genetics Inc.'s patents on isolated DNA associated with an increased risk of breast cancer. Both Erik Belt and Maria Laccotripe Zacharakis, partners in the IP/IT Group at McCarter & English explain Continue Reading
Lawyers React To High Court’s CERCLA Preemption Ruling
The U.S. Supreme Court found Monday that the Comprehensive Environmental Response, Compensation and Liability Act does not preempt a North Carolina law prohibiting claims related to pollution that occurred more than 10 years ago. Here, attorneys tell Law360 why CTS Corp. v. Waldburger is Continue Reading
PE Funds Keeping Options Open With Dual-Track Exits
The dual-track exit process—where the company files for an IPO but also pursues an outright sale—is back in style for private equity firms as initial public offerings have again become a viable option after years of financial-crisis malaise. The recent pickup in U.S. dual-track pursuits has been Continue Reading
FDA Guidelines Suggest High Bar for Generic Versions of Biologic Drugs
As more modern drugs are created by biologic, rather than chemical, means, a set of proposed guidelines from the U.S. Food and Drug Administration this week suggests that making cheaper generic versions of those biologic drugs will be a lot more difficult. Maria Zacharakis, a partner at Boston Continue Reading
Selling the Company? Some Considerations for Directors
A heads-up to directors considering whether to sell the company: Recent Delaware court decisions have demonstrated the potential perils of passively following the advice of financial advisers, particularly where the adviser may have conflicted interests. Here are some key takeaways. Continue Reading
NJ Could Flex Land-Use Muscle to Kill LG’s Palisades Plan
Proposed New Jersey legislation that would block LG Electronics USA Inc.'s $300 million headquarters plans near the Palisades by retroactively restricting new building heights is sure to be challenged if it ever becomes law, but could withstand court scrutiny given the state's broad land use powers. Continue Reading