Drafting LLC Agreements for Undesirable Outcomes: Sophisticated investor holds a “put right” but has no basis to challenge valuation on the units that are being “put.” A Delaware Court of Chancery opinion addresses a dispute arising from two sophisticated investors’ (“Walnut Investors”) challenge Continue Reading
If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act
Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed to reduce the risk of lawsuits by imposing acceptable use obligations, Continue Reading
Policyholders Beware: Failure to Give Timely Notice May Void Coverage Even When an Insurer Is Not Prejudiced
The New Jersey Supreme Court recently held that an insurer may disclaim coverage without showing it was prejudiced by a policyholder’s failure to comply with a claims-made policy’s notice provision. In Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., A-No. 074572, slip op. Continue Reading
Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?
The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30 million. As more and more rational business actors pull the plug and decide Continue Reading
Hart-Scott-Rodino Thresholds to Increase Effective February 25, 2016
The Federal Trade Commission (“FTC”) has announced revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), that will go into effect on February 25, 2016. The revised thresholds will apply to transactions that close on or after the effective date. 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 2016 appeal. If you own real property in New Jersey, by February 1 you will receive a Notice of Continue Reading
Generators of Regulated Medical Waste in New Jersey Must Meet Federal Standards After Preemptions
Generators of regulated medical waste (RMW) in New Jersey may need to revise their handling, marking and storage practices and procedures to meet federal hazardous materials requirements (49 CFR parts 171-180) (the federal HMRs) following an announcement by the U.S. Department of Transportation 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
Tax Alert: Qualified Small Business Stock Tax Incentives Made Permanent
What happened? On December 18, Congress passed and the President signed into law the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”), a measure that, among other things, retroactively renews, extends and makes permanent certain tax incentives that expired on December 31, 2014. Of Continue Reading
Plaster of Paris: US Companies Get Wrapped in EU Data Privacy Rules
Have any data on people in the UK or France? New EU data privacy rules will be setting de facto global standards that will apply to US companies, like it or not. Europe’s lawmakers have given a preview of the new General Data Protection Regulation, which will give European citizens Continue Reading