McCarter’s Venture Capital & Emerging Growth Companies Practice lawyers empower clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. We continue to rank among the leading global law firms in venture Continue Reading
Creditors May Be Held in Contempt for Violating a Bankruptcy Discharge Order if There is “No Fair Ground of Doubt”
Taggart v. Lorenzen, 587 U.S. (2019). The U.S. Supreme Court has established an objective standard for determining whether a creditor should be held in civil contempt when the creditor attempts to collect a debt subject to a bankruptcy discharge order. Case Background In Taggart, the Continue Reading
Dealing With a Divided Workforce: NLRB Clarifies Standard for Treating Union and Nonunion Workers Differently
Under the National Labor Relations Act (NLRA), groups of employees are allowed to determine whether they wish to be represented by a union for purposes of collective bargaining, which sometimes results in businesses having both union and nonunion employees. How an employer treats its nonunion Continue Reading
IRS Issues New Proposed Regulations on Qualified Opportunity Zones
Significant tax incentives for investing in qualified opportunity funds (“QOFs”) that make qualifying investments in low-income census tracts designated as qualified opportunity zones (“QOZs”) were signed into law in December 2017 as part of the legislation known as the Tax Cuts and Jobs Act. Continue Reading
Venture Capital & Emerging Growth Companies Activities—May 2019
McCarter’s Venture Capital & Emerging Growth Companies Practice lawyers empower clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. We are pleased to share several outstanding firm highlights this Continue Reading
Delaware Supreme Court Reverses Court of Chancery Decision that Applied the Implied Covenant of Good Faith and Fair Dealing to Allow Minority Members to Force an Exit Sale
Oxbow Carbon & Minerals Holdings, Inc. v. Crestview-Oxbow Acquisition underscores the importance of carefully reviewing and complying with an operating agreement when a limited liability company (LLC) undergoes a significant transaction. Case Background Two hedge funds, Crestview Continue Reading
Univar Defeats State of Delaware’s First Attempt to Enforce Administrative Subpoena Since the State’s 2017 Amendment of the Delaware Escheats Law
State of Delaware, Dept. of Finance v. Univar, Inc., C.A. No. 2018-0884-JRS (Del. Ch. Apr. 8, 2019) Abandoned property is a key source of revenue for the State of Delaware and regularly exceeds half a billion dollars annually. McCarter represents Univar, Inc., before state and federal courts in Continue Reading
Selling North of the Border? Summer Brings Changes in Canadian Trademark Law
As the weather warms up in 2019, the trademark laws of our biggest trading partner will undergo a massive change. Trademark registration in Canada is often overlooked, but it has always been important because one cannot obtain a nationwide order for relief from infringement without a federal Continue Reading
Venture Capital & Emerging Growth Companies Activities—April 2019
McCarter’s Venture Capital & Emerging Growth Companies Practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our leading practice has been ranked globally in venture capital transactions Continue Reading
Delaware High Court to Address Propriety of Trading Price as Proxy for Fair Value in Aruba Appraisal
In May 2015, Hewlett-Packard Company purchased Aruba Networks Inc. (“Aruba”) in a deal that paid Aruba’s stockholders $24.67 in cash per share. Verition Partners Master Fund Ltd. and Verition Multi-Strategy Master Fund Ltd. (together, “Verition”) commenced an action in Delaware’s Court of Chancery Continue Reading