The 2024 general election results, both nationally and in New Jersey, have indicated a range of significant political shifts and emerging trends. The victory of former President Donald Trump in the presidential race, alongside other key outcomes in New Jersey’s congressional and Senate races, has Continue Reading
Fiduciary Duty Claims Against Spac Sponsor and Directors Related to Alleged Statements in Proxy Statement Survive Defendants’ Motion to Dismiss
John Solak v. Mountain Crest Capital LLC, et al., C.A. No. 2023-0469-SG (Del. Ch. Oct. 18, 2024)—The Delaware Court of Chancery ruled that the direct claims of a stockholder of a special purpose acquisition company (SPAC) against the sponsor and board of directors related to alleged misstatements in Continue Reading
Compliance Note No. 5: Campaign Finance Requirements
With only a few days before the election, New Jersey candidates and political committees are required to report when they receive contributions and make expenditures over $200 within 24 hours to the Election Law Enforcement Commission. This doesn’t apply only to candidates running in the election. Continue Reading
Highly Touted Settlement Caps NIL Payments to Student Athletes
In a much anticipated antitrust class action settlement, a federal judge granted preliminary approval of a $2.7 billion proposed settlement that will cap the amount of money National Collegiate Athletic Association (NCAA) schools can spend in compensation for the use of student athletes’ name, Continue Reading
Hearing on AI Displays NJ’s Commitment to Innovation and Adaptability
The New Jersey Senate Legislative Oversight Committee hearing on October 21, 2024, provided a forum to explore how artificial intelligence (AI) is defined, the need for an integrated and expanded AI ecosystem, and the impact of AI and generative AI on New Jersey. Chaired by Senator Andrew Zwicker, Continue Reading
DCCC Files Complaint Against FEC over Party Spending Guised as Joint Fundraising
The Democratic National Congressional Campaign Committee (DCCC) filed a complaint against the Federal Election Commission (FEC) last week claiming that the FEC is not enforcing contribution limits for coordinated expenditures between party and candidate committees under the parameters of joint Continue Reading
Is the Qui Tam A Sham?: Federal Judge Finds Qui Tam Enforcement of False Claims Act Unconstitutional
A recent federal court decision has the potential to significantly impact the future of False Claims Act (FCA) lawsuits initiated by whistleblowers and to upend the FCA. In United States of America ex rel. Clarissa Zafirov v. Florida Medical Associates, LLC, et al, No. 8:19-cv-01236 (M.D. Fla. Sept. Continue Reading
The Delaware Court of Chancery Dismisses Derivative Shareholder Lawsuit for Breach of Officers’ and Directors’ Fiduciary Duty to Oversee Corporation Arising out of Transunion’s Alleged Failure to Comply with Government Consent Decree
In re Transunion Derivative Stockholder Litigation, C.A. No. 2022-1103-LWW (Del. Ch. Oct. 1, 2024). The officers and directors of a Delaware corporation are required to ensure that a corporation operates lawfully. A corporation’s failure to comply with its legal obligations does not automatically Continue Reading
Compliance Note No. 4: State Voting Leave Laws
Do you have employees who work in a state that requires leave time or paid time off for voting? Companies may also have remote employees in different states that mandate employers provide paid leave time for voting. Federal law does not regulate this issue and some states have put requirements on Continue Reading
CMS Proposes Further Changes to Medicare Overpayment Rule
The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule, 89 FR 61596, that revives portions of a 2022 proposal to amend the Medicare Overpayment Rule. The 2024 proposed rule comes after consideration of the various public comments received relating to the 2022 Continue Reading