In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis, titled the Patent Eligibility Restoration Act of 2023 (PERA), seeks to clarify Continue Reading
Business Interruption Claims for Wildfires and Related Losses
In a phenomenon unusual for many residents of the northeastern United States, dense clouds of smoke from wildfires in Canada passed through several major cities, including New York, the week of June 5, 2023. As air quality dropped to hazardous levels, offices closed early, schools cancelled sports Continue Reading
Employer Obligations to Accommodate Pregnant Workers Under Federal Law Expand Again on June 27—Are You Ready?
Starting today, many employers will be required to provide reasonable accommodations to pregnant workers pursuant to the Pregnant Workers Fairness Act (PWFA), which was passed late last year as part of the omnibus spending package. The PWFA significantly changes the obligations of employers with 15 Continue Reading
Derivative Shareholder Plaintiffs Owe Fiduciary Duties of Care and Loyalty to the Company
Optimiscorp v. Atkins, et al., C.A. No. 2020-0183-MTZ (Del. Ch. June 1, 2023), Zurn, V.C.—A derivative shareholder plaintiff owes fiduciary duties of care and loyalty to the company, according to a recent opinion from the Delaware Court of Chancery. These fiduciary duties are subject to a more Continue Reading
The Court of Chancery Once Again Confirms Delaware’s Deference to the Business Judgment of Corporate Boards
In its May 9, 2023 decision in City of Coral Springs Police Officers’ Pension Plan v. Jack Dorsey et al., C.A. No. 2022-0091-KSJM (Del. Ch. May 9, 2023), the Delaware Court of Chancery dismissed a stockholder suit brought on behalf of Block, Inc., finding that the plaintiff failed to adequately Continue Reading
New Law Will Soon Improve Commercial Receivership Rules, Appointment Process in Connecticut
Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023, when Connecticut’s Uniform Commercial Real Estate Receivership Act Continue Reading
NLRB Does 180º (360º? 540º?) Turn on Independent Contractor Analysis; It May Not Matter
The National Labor Relations Act (NLRA) provides a host of labor-related rights for private-sector employees, including the right to form or join unions, the ability to compel employers to collectively bargain with the unions they choose to represent them, and the ability to engage in other Continue Reading
Barking up the Wrong Tree: SCOTUS Sides with Jack Daniels in Bad Spaniels “Parody”
Trademark owners may howl at the artistic and humorous use of their marks by someone else, but that use might be protected as fair use. Trademark owners’ ears perked up at an appeals court holding last year that parody is a humorous expression deserving of the same First Amendment protection as news Continue Reading
New Jersey Modernizes Business Corporation Act to Permit Certain Conversion Transactions
On May 8, 2023, New Jersey Governor Phil Murphy signed into law Senate Bill 142 (P.L. 2023, Chapter 38), which amends and supplements the New Jersey Business Corporation Act (BCA) to provide procedures for conversions (the process of converting one type of entity to another type of entity) and Continue Reading
No, The NLRB Did Not Just Ban Non-Compete Agreements Either.
Almost two years ago, President Joe Biden issued Executive Order 14036, which broadly addresses promoting competition in the American economy. Among the measures considered in that executive order was greater scrutiny of employee non-compete agreements. See our previous alert. In January 2023, the Continue Reading