Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as needed. Employees supplied through an agency can, in theory, reduce the legal Continue Reading
Additional Regulatory Hurdles for Private Equity Advisers
The private equity industry should carefully consider the implications of a recent Securities and Exchange Commission ("SEC") enforcement action. In it, the SEC, for the first time, sanctioned an SEC-registered private equity advisory firm for failing to register also with the SEC as a broker for Continue Reading
Delaware Supreme Court Defers to the Court of Chancery’s Fact-Finding and Witness Credibility Determinations
In a recent decision out of the Delaware Supreme Court—CDX Holdings, Inc. v. Fox, C.A. No. 526, 2015 (Del. June 6, 2016)—Justice Holland, writing for the majority, affirmed a Court of Chancery post-trial decision that found that a company’s board of directors failed to fairly value option holders’ Continue Reading
Food Product Recalls – Are You Covered?
Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli that has sickened nearly 40 people in 20 states since December 2015. A few Continue Reading
Takeaways from the DOL’s Final Overtime Pay Rule
On May 18, 2016, the U.S. Department of Labor (“DOL”) released its long-expected Final Rule, making certain significant changes to the executive, administrative, and professional (“EAP”) and highly compensated executive (“HCE”) exemptions from overtime under the federal Fair Labor Standards Act, Continue Reading
New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies
The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail” coverage claims. In Viking Pump, Inc. v. TIG Insurance Co., the Continue Reading
Health Law Insights Newsletter – Issue 9
McCarter & English, LLP’s Health Care Group presents Issue 9 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL Medicare Proposes New Part B Payment SystemProviders Prepare for Potential Doubling of FCA PenaltiesU.S. Supreme Continue Reading
Product Recalls and Insurance: Considerations to Maximize Covered Expenses
Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. Grocery store chain Publix announced a voluntary recall on May 10, 2016 of its cranberry nut and seed mix. Publix learned of the potential listeria monocytogenes contamination when it Continue Reading
Demand Refused Rule 23.1 Explained by the Delaware Court of Chancery
In a recent decision out of the Delaware Court of Chancery – Friedman v. Maffei et al., C.A. No. 111105-VCMR – the court’s second-newest member, Vice Chancellor Montgomery-Reeves, dismissed a proposed derivative complaint on the grounds of the rarely invoked test under Chancery Rule 23.1 for Continue Reading
Can Solar Reboot Your Coal-Fired Plant Site?
The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site. Companies can repurpose sites as solar farms or integrate solar into Continue Reading