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
Attention Employers: New Poster Requirement in New Jersey Regarding Gender Equity in Pay and Compensation
In late 2012, the New Jersey Legislature enacted N.J.S.A. 34:11-56.12 to require employers with 50 or more employees to post a notice informing employees of the right to gender equity in pay, compensation, benefits, or other terms and conditions of employment under Title VII of the Civil Continue Reading
SEC Releases Proposed Rules for Regulation A+ under the JOBS Act: A Promising and Innovative Route to Capital Formation for Young Companies
The SEC has released long-awaited proposed rules to implement Title IV of the JOBS Act, now known as Regulation A+.1 This regulation could bridge a difficult gap for small companies looking to raise capital. If your company has a financing goal larger than privately sourced equity generally Continue Reading
New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution
The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control Act. Morristown Associates v. Grant Oil Co., et al, (App. Div., Continue Reading
Valid and Enforceable: Delaware Corporation Bylaws With Forum Selection Clauses
The Delaware Court of Chancery, in Boilermakers Local 154 Retirement Fund v. Chevron Corporation, C.A. No. 7220-CS (Del. Ch. June 25, 2013), has ruled that forum selection bylaws, bylaws providing for litigation to be in a specific forum, are statutorily valid under the Delaware General Continue Reading