In Dieckman v. Regency GP LP, --- A.3d ---, 2017 WL 243361 (Del. Jan. 20, 2017), the Delaware Supreme Court reversed the Court of Chancery[1] and held that the common unitholder plaintiff’s complaint properly stated a claim for breach of the safe harbor provisions of defendant Regency Energy Continue Reading
TCPA: The Next Wave of Class-Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages
Telephone Consumer Protection Act (TCPA) Claims Target Text Messaging Advertising Campaigns Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, Continue Reading
Coal Plant Shutdown: Owners and Operators Need Vision – Part I
Coal plant owners and operators can make a plant shutdown easier by planning now for the site’s future. This plan, or Vision, can help expedite shutdown efforts, reduce costs, improve relations with the local community, and avoid regulatory and legislative entanglements. Those entanglements are Continue Reading
Shrinking Regulation in the New Administration
Donald Trump campaigned on reducing regulation by identifying and removing all “needless job-killing regulations.” One particular pledge is, superficially, both appealing and simple: eliminate two regulations for each new regulation (two for one). But as with most campaign promises, the devil is in Continue Reading
Pleading Failures Doom Disclosure Claims in Short-Form Merger Case
Vice Chancellor Tamika R. Montgomery-Reeves of the Delaware Court of Chancery (the “Court”) issued a Memorandum Opinion on January 4, 2017, dismissing a lawsuit arising from a short-form merger involving United Capital Corporation (“United Capital” or the “Company”). A.F. Petrocelli, chairman Continue Reading
Delaware Court of Chancery Addresses Fee-Shifting Bylaws and Raises the Question of Whether Fee-Shifting Could Be Plausible by a Stockholder’s Own Conduct or Act Under Section 102(b)(6) of the DGCL
In 2015, the Delaware General Corporation Law (“DGCL”) was amended to prohibit Delaware corporations from adopting bylaws that imposed liability on a stockholder for the attorneys’ fees or expenses of the corporation or any other party in connection with an internal corporate claim. Simultaneously, Continue Reading
Delaware Law: 2016 Year in Review
Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate and Alternative Entity Law. While this list Continue Reading
It’s That Time Again! Property Tax Appeals in Connecticut: Know When to File
The deadline for appealing Connecticut local property taxes is approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal application by the applicable deadline, the owner may waive the right to appeal Continue Reading
Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims
As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills. Now you are good to go, right? Maybe not. The larger significance of Continue Reading
New Jersey Property Tax Appeal Time
It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2017 appeal. If you own real property in New Jersey, by February 1 you will receive a Notice of Assessment from Continue Reading