Chancery Limits Enforceability of ‘Reasonable’ Restrictive Covenant Agreements under Delaware Law
A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used. Benjamin Smyth discusses the decision and its implications in this article for Delaware Business Court Insider. Continue Reading
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 Consumer Protection Act to increase transparency and disclosure in financial Continue Reading
Preemption and Claims of Failure to Report Adverse Events to FDA Under PA Medical Device Case Law
Unlike a standard failure-to-warn claim, a failure-to-report claim can avoid federal preemption if the jurisdiction has a state-law duty to do so. Amy Vanni and Michael Toczyski discuss whether such a duty exists in PA in The Legal Intelligencer. Continue Reading
FinCEN Issues Final Rule for Corporate Transparency Act
Overview: On the cusp of 2023, “reporting companies” can look ahead even further to 2024. The Financial Crimes Enforcement Network (FinCEN) issued a final rule applying to most corporations, limited liability companies, and other entities – foreign and domestic – under the Corporate Continue Reading
When Is an REA Also a ‘Claim?’
When issues arise during performance of a federal government contract, causing a contractor to experience delays and/or to incur additional, unanticipated costs, contractors have a choice of remedies. They can request the contract duration or price be adjusted by submitting either a request for Continue Reading
Les Misérables — Contractors and Agencies Struggle to Navigate Build America, Buy America Requirements One Year Later
Last year, the Build America, Buy America Act left contractors scrambling to understand how its requirements would be imposed on a wide variety of infrastructure projects. Cara Wulf provides clarity to contractors on agencies’ evolving guidance. Continue Reading
Using Disclosure Statements to Proactively Manage Tax Controversies
Lawrence (Larry) Sannicandro discusses the use of disclosure statements in modern tax practice. This article focuses on ethical and professional duties tax professionals owe to clients and the IRS concerning mandatory and elective tax disclosures. Continue Reading
A Game Changer for Mortgage Foreclosure Cases In NY
A recent New York Court of Appeals decision is a game changer for the mortgage servicing and mortgage finance industries, write Adam Swanson and Jessie Bonaros, as lenders may find some loans considered time-barred are now recoverable. Continue Reading