The Securities and Exchange Commission has proposed new rules that would require and standardize public companies’ climate-change disclosures to investors. Under the proposed rules, which would apply to both domestic companies and foreign private issuers, certain climate-related disclosures would be Continue Reading
SEC Proposes Amendments to Rules Affecting SPACs
The commissioners of the SEC have proposed new rules and amendments that would require greater disclosures from special-purpose acquisition companies (SPACs). The proposed rules were made in reaction to concerns over the increased number of IPOs by SPACs in recent years and whether they circumvent Continue Reading
Delaware Law Update 2021 Year in Review
Our Delaware Corporate, LLC and Partnership Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2021 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate, LLC and Partnership Law. Our summaries are Continue Reading
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 these standards. While energy efficiency is viewed widely as a Continue Reading
The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of the ETS until the Sixth Circuit rules on the merits of the ETS and until the Continue Reading
Ordinary Course Covenants May Permit Buyers to Terminate Sale Contracts Even For Disaster-Related Operational Changes
The Delaware Supreme Court has ruled that a sale contract’s narrow language restricted a seller’s ability to change operations during a disaster without the buyer’s consent. The court’s affirmation of a Delaware Court of Chancery decision drives home an important, multibillion-dollar lesson that Continue Reading
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
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
OSHA’s Emergency COVID-19 Vaccination Rule Is Here
UPDATED December 20, 2021 - The OSHA Vaccine Emergency Temporary Standard (“ETS”) is back on. On Friday, December 17, 2021, the Sixth Circuit lifted the stay on OSHA’s Vaccine ETS. While the deadlines in the ETS have not changed, OSHA has issued a statement advising that it will exercise its Continue Reading