Effective April 1, 2014, the Delaware General Corporation Law (“DGCL”) has been amended to include new Sections 204 and 205 that will provide Delaware corporations with an avenue to cure certain defective corporate acts, including ratification of an unauthorized issuance of stock. In the past, Continue Reading
U.S. Appeals Court Affirms Judgment Against 401(k) Plan Fiduciaries for Excessive Recordkeeping Fees
On March 19, 2014, the U.S. Court of Appeals for the Eight Circuit (the “Appeals Court”) issued its highly anticipated ruling in the case of Tussey v. ABB, Inc., affirming a Missouri trial court’s $13.4 million judgment against ABB, Inc. (including its plan investment and administrative Continue Reading
New Paid Sick Time Mandates in New York & New Jersey
A new patchwork of local laws in the New York/New Jersey metro area guaranteeing employees paid or unpaid accrued sick time will complicate employers’ sick leave policies and practices. New York City, Jersey City and Newark have each enacted mandates for private employers to provide their employees Continue Reading
Health Law Insights Newsletter – Issue 1
McCarter & English, LLP’s Healthcare Group presents the March 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal UpdatesTwo-Midnight Rule Deadline ExtensionDeadlines for Electronic Health Record (EHR) Meaningful UseDistrict Court Continue Reading
Business Brokers Get “No-Action” Relief from SEC
Business intermediaries who facilitate the purchase or sale of privately-held businesses for a success fee based on the size of the completed acquisition may no longer have to be concerned about registering as broker-dealers with the Securities and Exchange Commission (SEC). On January 31, 2014, the Continue Reading
Final Rules Implementing Employer Shared Responsibility Provisions of the Affordable Care Act (ACA) Provide Transition Relief for 2015
The ACA Employer Shared Responsibility Provisions require an employer with at least 50 full-time employees (including full-time equivalent employees) to offer health coverage to its full-time (30 hours per week) employees (and their dependents) that meets certain minimum standards set by the ACA or Continue Reading
Tax Appeals in Connecticut: Know When to File
The deadline for appealing local property taxes in Connecticut is approaching. If you are considering appealing local property taxes this year, the following is a general explanation of Connecticut’s appeal procedure and deadlines. Real and personal property is assessed as it exists on October 1 Continue Reading
AAI Rules Amended Under CERCLA – Focus on Vapor and Records Review
Effective December 30, 2013, the EPA acted to amend the standards and practices for conducting all appropriate inquiries (“AAI”) to embrace an update to ASTM International standards, and to expressly bring vapor issues to the forefront during due diligence investigations. The changes are not Continue Reading
Coverage for Investigations and Conflicting Endorsements: Syracuse University Decision is Great for Policyholders
Just before the New Year the New York Appellate Division affirmed in about a dozen words the trial court decision in Syracuse University v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 2012EF63, slip op. at 2 (N.Y. Sup. Ct. Mar. 7, 2013), finding that attorney general Continue Reading
Not All Policies Are Created Equal: Evergreen State Appeals Court Blocks Policyholder Reach to Excess Insurance After Settlement With Primary Insurer
The decision in Quellos Group LLC v. Federal Insurance Co., No. 68478-7-1 (Wash. Ct. App. Nov. 12, 2013) is a reminder that vague policy language can be costly. You may not have access to your excess insurance funds. The Court of Appeals of Washington strictly construed language in two excess Continue Reading