The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers. Applying Delaware law, the Third Circuit explained that the upstream producers needed to file a financing statement in the state where the first purchaser Continue Reading
Connecticut Employers Will Need to Accommodate Pregnant Employees
A new state law that becomes effective October 1, 2017, expands existing legal protections for pregnant employees under federal and state laws and will require employers to pay closer attention to the ways in which they treat pregnant workers. Under current standards, federal law prohibits employers Continue Reading
Third Circuit Reminds Debt Collectors Of Notice Requirement
The Fair Debt Collection Practices Act (the “Act”) was created to protect consumers against abusive debt collection practices. The notice provision is one feature of the Act that requires debt collectors to notify consumers of the latter’s ability to obtain information concerning the existence Continue Reading
Third Circuit Provides Guidance to Creditors Seeking Section 503(b)(9) Administrative Expense Status
Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of goods supplied to a debtor prior to a bankruptcy case is an administrative expense claim under Section 503(b)(9) of the Bankruptcy Code. In an Continue Reading
Delaware Supreme Court Rejects Over-Expansive Application of True-Up Provision in Purchase Agreement
Chicago Bridge & Iron Co. v. Westinghouse Elec. Co. LLC, et al., No. 573, 2016 (Del. June 28, 2017) The Delaware Supreme Court reversed the Court of Chancery’s entry of judgment on the pleadings based on a flawed interpretation of the purchase agreement that failed to give effect to the Continue Reading
New York Employers Should Get Ready for New Paid Family Leave Law, May Begin Payroll Deductions Now
New York recently enacted the New York Paid Family Leave Law (PFL), which will require New York employers to fund a new state family leave program that is broader reaching than the federal Family and Medical Leave Act (FMLA) in benefits provided and employee eligibility. The PFL program will apply Continue Reading
Delaware Court of Chancery Upholds Continuous Ownership Rule in Dismissing Derivative Claims of Mismanagement
In re Massey Energy Co. Deriv. & Class Action Litig., C.A. No. 5430-CB (Del. Ch. May 4, 2017), Bouchard, C. The Delaware Court of Chancery granted the defendants’ motion to dismiss the complaint based on the continuous ownership rule. Despite the plaintiffs’ characterization of their claims Continue Reading
SCOTUS Issues Another Decision Affecting Parties Who Attempt to Collect on Debts
The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). Justice Gorsuch, in his first written opinion as an Associate Justice Continue Reading
“We meant what we said” – U.S. Supreme Court Continues to Rein In Personal Jurisdiction
This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific jurisdictional theories. The opinions in BNSF Railway Co. v. Continue Reading
Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This point is illustrated by the U.S. Court of Appeals for the Second Circuit’s Continue Reading