A recent decision of the Delaware Supreme Court, State of Del., Dept. of Fin. v. AT&T, Inc., Case No. 303, 2020 (Del. June 1, 2021), Seitz, C.J., provides a framework for resolving disputes concerning administrative subpoenas that reflects great deference to administrative agencies such as the Continue Reading
Venture Capital & Emerging Growth Companies May 2021 Highlights
McCarter’s renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Clients doing great things Congratulations to client Northpass, a learning Continue Reading
Enhanced Opportunities to Benefit from the Employee Retention Credit
The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic. Business owners may be able to benefit from the significant improvements that Continue Reading
Delaware Supreme Court Rules on Contractual Limitation on Liability Provision
Parties to commercial transactions governed by Delaware law and their counsel should take note of the recent en banc opinion issued by the Delaware Supreme Court in Express Scripts, Inc. v. Bracket Holdings Corp. (https://courts.delaware.gov/Opinions/Download.aspx?id=317280). Background Under Continue Reading
Vendors Face Strict Liability for Deceptive Conduct under PA Consumer Protection Law
The Pennsylvania Supreme Court’s recent decision in Gregg, et al. v. Ameriprise Fin., Inc., et al. holds vendors that provide goods and services to consumers in the Commonwealth of Pennsylvania strictly liable for fraudulent or deceitful conduct under the Pennsylvania Unfair Trade Practices and Continue Reading
Venture Capital & Emerging Growth Companies April 2021 Highlights
McCarter’s renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Helping great clients do great things We regularly structure and form Continue Reading
NJ Supreme Court Rules that NJ Uniform Securities Law Does Not Bar Investment Adviser From Seeking Damages Over Verbal Job Offer
The Supreme Court of New Jersey recently cast doubt on the applicability of the federal “family office” exception for investment advisers under the New Jersey Uniform Securities Law (NJUSL) while allowing the plaintiff to seek reliance damages based on an oral promise of employment despite the Continue Reading
All Is Fair in Google and Oracle: Supreme Court Says Google’s Copying Was Fair Use in Landmark Copyright Case
Was it fair for Google to copy 11,500 lines of Oracle’s copyrighted Java Application Programming Interface (API) simply to make it easier for programmers already familiar with Java to develop apps for Google’s Android smartphone without having to learn a new programming language? The Supreme Court Continue Reading
Court of Chancery Confirms No Breach of Fiduciary Duty in Connection with “Contrived” but Genuine Deadlock
In a memorandum opinion issued January 29, 2021, the Court of Chancery held that a defendant LLC manager/majority unitholder of EOS Investor Holding Company, LLC (Holdco), Jonathan Teller, did not breach fiduciary duties or contractual obligations owed to plaintiff, co-member Sanjiv Mehra, by Continue Reading
Insurance Recovery, Litigation & Counseling Update
As the global pandemic approaches its first anniversary, policyholders that suffered business interruption losses should analyze their insurance policies for any limitation on when they can file suit. Although insurers and some brokers may have advised policyholders that their insurance policies Continue Reading