A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the Superior Court of New Jersey, Law Division, Bergen County, the Continue Reading
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 issuers to discuss COVID-19 disclosure with their entire financing team, Continue Reading
CFIUS: Final Rule Weds Declaration Requirements for Critical Technology Transactions with Export Controls
The U.S. Department of the Treasury published a Final Rule (the Rule) on September 15, 2020, revising provisions in the regulations of the Committee on Foreign Investment in the United States (CFIUS) that implement section 721 of the Defense Production Act of 1950, as amended by the Foreign Continue Reading
Assignee Has No Information Rights Under LLC Agreement
SolarReserve CSP Holdings v. Tonopah Solar Energy, LLC, C.A. No. 2020-0064-JRS(Del. Ch. July 24, 2020) Facts: Plaintiff, SolarReserve CSP Holdings, LLC (“SolarReserve”), seeks to compel Defendant, Tonopah Solar Energy, LLC (the “Company”), to produce certain books and records in compliance Continue Reading
New Jersey Court Refuses to Dismiss Policyholders’ COVID-Related Business Interruption Claims, Dealing a Blow to Insurer’s Arguments That Such Claims Cannot Constitute Covered Loss Under a Property Policy
A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the Superior Court of New Jersey, Law Division, Bergen County, the policyholders Continue Reading
Minority Shareholders Should Insist on Anti-Dilution Protection
In the case of Jacob Kasher Hindlin v. Lukasz Gottwald et al., case number 2019-0586, in the Chancery Court of Delaware, Plaintiff Jacob Kasher Hindlin brought an action against three former members of Core’s board of managers (the Board) to recover what he believed he was owed by Core. Hindlin Continue Reading
U.S. Entry Restrictions and Immigration Update
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies. U.S. Entry Restrictions U.S. citizens and lawful permanent residents (green card Continue Reading
Court of Chancery Holds Investor Is Not One of the “Fellers”
In a recent opinion by the Delaware Court of Chancery, the court found after a trial on the merits that the plaintiff’s breach of contract claims failed because a joinder agreement adding the plaintiff as a party to a purchase agreement was not executed by all parties necessary to amend that Continue Reading
A Refresher on the Importance of Trademarks and Trade Dress in the Food and Beverage Industry
The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the intellectual property behind a food or beverage product can be a significant factor in Continue Reading
Keep Reptile Theory out of the Courtroom
As defense attorneys, we need to expose the reptile theory. We need to educate the judiciary as to why these tactics are improper before trial sothat jurors decide cases based on facts, not fear. To attorneys who defend personal injury or product liability claims, reptile theory is all too Continue Reading