Zuckerberg Ruling Combines Long-standing Rales and Aronson Tests for Demand Futility into a Single “Universal” Test
The Delaware Supreme Court has affirmed a new “universal” three-part demand futility test in the case captioned United Food and Commercial Workers v. Zuckerberg et al. No. 404, 2020, 2021 WL 4344361 (Del. Sept. 23, 2021). The new standard, initially espoused by the Court of Chancery, blends the Continue Reading
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 extension of their work authorization, provided certain conditions are met. Continue Reading
Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added
CMMC 2.0: Throwback Cybersecurity — Everything Old Is New Again
CMS Issues a Vaccine Mandate for Certain Health Care Providers
At the direction of the Biden administration, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (CMS Rule) on November 5, 2021, requiring COVID-19 vaccinations for workers in most health care settings, including hospitals and health systems, that are certified to Continue Reading
Summary of Agency Class Deviations Implementing Federal Contractor Vaccine Mandate
OSHA’s Emergency COVID-19 Vaccination Rule Is Here
UPDATE November 24, 2021 – The Emergency Temporary Standard (ETS) is currently stayed. The petitions filed challenging the ETS were consolidated and assigned to the United States Court of Appeals for the Sixth Circuit through the Judicial Panel on Multidistrict Litigation’s lottery process. Based on Continue Reading
Delaware Court of Chancery Finds Lack of Subject Matter Jurisdiction Because of Company’s Conversion to a Foreign Entity
On August 12, 2021, the Delaware Court of Chancery issued an opinion finding that a company’s sweat equity member had waived the operating agreement formalities and, thus, consented to the dilution of his interest and the company’s conversion to a Puerto Rican entity. Because of this ruling, the Continue Reading