The Delaware Court of Chancery rejected a purchaser’s efforts to prevent a seller from adopting a method of calculating the post-closing purchase price adjustment that was inconsistent with the seller’s pre-closing accounting practices. In lieu of an apples-to-apples comparison, the court Continue Reading
Court of Chancery Rejects Internal Affairs Doctrine in Employment-Related Lawsuit
Also Dismisses First-Filed Delaware Action against Delaware LLC and Executive Where California Had a Materially Greater Interest in the Employment Dispute In a pair of detailed decisions, the Court of Chancery dismissed claims against Scott Holsopple (Holsopple), the chief growth officer of Continue Reading
Legal Considerations for Startup Founders
There are many business questions founders need to ask (and hopefully answer) before taking the plunge with a new venture. Often overlooked, however, are some of the legal questions founders should consider. Asking and answering the questions below will help you start your business on firm legal Continue Reading
Venture Capital & Emerging Growth Companies January 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. Ending 2020 on a high note We had a flurry of activity at the end of 2020, Continue Reading
Delaware Law Update 2020 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 2020 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate, LLC and Partnership Law. Our summaries are Continue Reading
UK Supreme Court Ruling Provides Sweeping Policyholder Relief for COVID-19 Business Interruption Losses
A January 15, 2021, decision from the UK’s highest court spells good news for English policyholders. In The Financial Conduct Authority v. Arch Insurance (UK) Ltd., and others, UKSC 2020/0177, the Court held that 21 insurance policies sold by eight leading business interruption insurers provide Continue Reading
A Tale of Two Policies: How Careful Interpretation Impacts Coverage Determinations
Two recent COVID-19 insurance decisions highlight how different interpretations of the same few policy words can result in one policyholder losing the coverage for which it paid. In Henderson Road Restaurant Systems, Inc. v. Zurich American Ins. Co., No: 1:20 CV 1239, 2021 WL 168422 (N.D. Ohio Jan. Continue Reading
President Biden Signals Aggressive Support of Unions by Firing NLRB General Counsel
While union activity remains at near record lows in the private sector, the new administration has sent a strong early signal that it hopes to change that situation and that it will not be patient in taking steps it thinks will help organized labor. On his first half day in office, President Biden Continue Reading
Employee Benefits Provisions of the Consolidated Appropriations Act, 2021
The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law by the president on December 27, 2020. The Act, comprised of several pieces of legislation, contains a number of employee benefits-related provisions, including: Temporary rules for flexible spending accounts, providing Continue Reading
McCarter Achieves Significant Victory at the Third Circuit for Former Wilmington Trust Executive
McCarter lawyers recently achieved a significant victory at the Third Circuit Court of Appeals when the court unanimously reversed a criminal jury verdict from the District of Delaware against our client Robert V.A. Harra Jr., the former President and Chief Operating Officer of Wilmington Trust, and Continue Reading