By David R. Kott The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme Court’s opinion therefore leaves open the possibility Continue Reading
Court of Chancery Upholds Special Litigation Committee’s Privilege against Derivative Plaintiff Tasked with Pursuing Claims
In re Oracle Corp. Deriv. Litig., C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020) On July 9, 2020, the Court of Chancery issued one of its latest opinions in a long-running derivative litigation filed by Oracle stockholders challenging Oracle’s November 2016 $9.3 billion acquisition of NetSuite Continue Reading
Michigan Trial Court’s Recent Denial of Business Interruption Coverage Not Likely to Have Far Reach
Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders – a debate intensified by numerous recent coverage claims arising from COVID-19 forced shutdowns of businesses and social distancing guidelines. Insurers now hail a Continue Reading
Liu v. SEC—Supreme Court Limits SEC’s Ability to Seek Disgorgement
In Liu v. Securities & Exchange Comm’n, No. 18-1501, 2020 WL 3405845 (U.S. Jun. 22, 2020), the United States Supreme Court upheld the ability of the Securities and Exchange Commission (“SEC”) to seek disgorgement as an equitable remedy pursuant to 15 U.S.C. § 78u(d)(5) so long as the amount does Continue Reading
Venture Capital & Emerging Growth Companies June/July 2020 Highlights
Lawyers across McCarter’s practices are working together to help our clients keep or get their businesses up and running while preparing for the “new normal” work environment. Making waves in the legal community We’re proud to announce the New Jersey Law Journal recently named McCarter’s Continue Reading
Book It: Supreme Court Holds Booking.com Is Registrable as a Trademark
How appropriate that the first-ever Supreme Court case to consider whether trademarks used on the internet can be registered should also be the first in which oral argument was conducted remotely. The issue in this historic case is whether Booking.com, the travel reservations website, is entitled to Continue Reading
SBA Revisions Expand Paycheck Protection Program Eligibility and Loan Forgiveness
On June 19 and June 22, 2020, the Small Business Administration (“SBA”) issued new revisions to their First Interim Final Rule concerning the Paycheck Protection Program (“PPP”). The Revised Interim Final Rule and the Revisions to Loan Forgiveness Interim Final Rule (collectively “Revised Rules”) Continue Reading
McCarter Achieves Significant Win In the Delaware Supreme Court for Overstock.com
McCarter attorneys recently achieved a significant victory in the Delaware Supreme Court when the Court unanimously reversed a multi-million dollar judgment in a unique case involving both Delaware escheat law and a qui tam action. On June 24, 2020, the Court unanimously reversed a Continue Reading
Trump Suspends Immigration to Remove “Competition” From U.S. Unemployed
Citing the overall unemployment rate in the United States, President Trump issued an expanded version of Proclamation 10014, titled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” Continue Reading
Ten Key Leasing Considerations Resulting from the COVID-19 Pandemic
As businesses adjust to the complications presented by the COVID-19 pandemic, landlords and tenants must now take even greater care when entering into leases. Tenants may demand greater flexibility in leases should a public health emergency interrupt their businesses and impact profitability, and Continue Reading