The National Labor Relations Act (NLRA or the Act) gives employees in the private sector the right to form and join unions and to collectively bargain with employers. It also gives employees the right “to engage in other concerted activities for the purpose of collective bargaining or other mutual Continue Reading
2019 Government Shutdown: The Export Controls, International Trade, and CFIUS Edition
Week three of the U.S. Government shutdown has begun, and agencies responsible for administering export controls, sanctions, and other trade-related functions have been affected by the lapse in federal appropriations. This means that companies need to be prepared for extended licensing and Continue Reading
IRS Proposed Regulations Relax Requirements for Hardship Distributions
The IRS recently issued proposed regulations relating to hardship distributions under 401(k) plans. The proposed regulations generally clarify or supplement recent statutory changes, including those made by the Bipartisan Budget Act of 2018. Except where noted, the rules and changes summarized Continue Reading
Contractors in the Crosshairs—Weathering the 2019 Government Shutdown
Here we are again. Large swaths of the federal government have been closed since December 22 because Congress and the president cannot agree on legislation to fund the government. Nearly a million federal employees are not receiving their paychecks. Even larger numbers of government contractors are Continue Reading
USPTO Provides Further Clarity for Navigating the Abstract Maze
Andrei Iancu, director of the United States Patent and Trademark Office (USPTO), continues to steer the USPTO on a more pro-patent path with new Examination Guidance released for public comment on January 4, 2019. The Guidance refines how examiners should apply Alice Corp.’s two-part test Continue Reading
Venture Capital & Emerging Growth Companies Activities—January 2019
McCarter’s Venture Capital & Emerging Growth Companies Practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. We are proud to share current media coverage and other good news Continue Reading
Sent to Bed Without Dessert: The Delaware Court of Chancery Denies Attempt to Hold Ice Cream Maker Liable for Contaminated Product
The Delaware Court of Chancery denied limited partners’ efforts to hold the corporate parent of their general partner liable for the general partner’s management of the limited partnership.[1] The derivate suit related to the limited partnership’s production and sale of contaminated ice cream, Continue Reading
Venture Capital & Emerging Growth Companies Activities—December 2018
McCarter’s Venture Capital & Emerging Growth Companies Practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. We are proud of the great things our clients are doing and are pleased to Continue Reading
Emerging Technologies May Get Export Controls and CFIUS Reviews this Holiday Season
On November 19, 2018, the Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking seeking comments from industry on how to define and identify “emerging technologies” that currently are not export controlled but which ought to be because they are “essential to Continue Reading
Delaware Court of Chancery Explains “Best Efforts” and “Sound Business Practices” and Provides Other Valuable Lessons for Delaware Limited Partnerships
As stated by Vice Chancellor Slights in Wenske v. Blue Bell Creameries, Inc., C.A. No. 2017-0699-JRS (Del. Ch. July 6, 2018), “whether conduct is right or wrong in the eyes of the law, actionable or not actionable, depends in large part upon the standard by which the conduct is measured.” In Continue Reading