New Jersey state officials are putting businesses on notice that Natural Resource Damage (“NRD”) lawsuits and other enforcement actions are coming down the pipeline. On Wednesday, August 1, 2018, Governor Phil Murphy’s administration announced three NRD lawsuits, the first to be filed by the state Continue Reading
Venture Capital & Emerging Growth Companies Activities—August 2018
McCarter’s Venture Capital & Emerging Growth Companies practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our representation is defined by a paradigm-shifting business model that offers a Continue Reading
The Protest of Impact Resources, Inc.: A Study in Communication, Untimeliness and “Abandoned Arguments”
Texts, tweets, statuses, emojis… In our digital society, communication is now easier – and more dangerous – than ever. While instant, unfettered communication may be desirable if you want everyone to stop what they are doing and check out the #nofilter sunset pic you just posted, it is far from Continue Reading
A Scorching Summer for Global Trade (and a few words on the Global Game)
July 6th will mark the entry into force of Section 301 tariffs against China. Section 301 of the Trade Act of 1974 provides the president with the authority to respond to unfair, unreasonable, or discriminatory trade practices and gives the Office of the U.S. Trade Representative (USTR) Continue Reading
Significant CFIUS and Export Control Reforms Target Foreign Direct Investment and Structuring of Public and Private Equity Deals
In June, the White House released a report outlining the threats posed by China’s investment in and acquisition of U.S. companies. Spoiler alert: The report noted that China is engaged in “state-sponsored IP theft through physical theft, cyber-enabled espionage and theft, evasion of U.S. export Continue Reading
Venture Capital & Emerging Growth Companies Activities—July 2018
McCarter’s Venture Capital & Emerging Growth Companies practice empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our representation is defined by a paradigm-shifting business model that Continue Reading
Reminder: June 30 Deadline for Mandatory Filing by US Companies with 10% or More Foreign Ownership
U.S. companies that formed in 2017 or earlier and have foreign ownership of at least 10 percent as of the end of 2017 must file reports with the U.S. Bureau of Economic Analysis (BEA) by June 30. Because the paper-filing deadline of May 31 has expired, such companies must file electronically, Continue Reading
The FAR Takes Aim at Russia’s Kaspersky Lab: What Every Contractor Must Know
At this point, even casual observers of the news likely have heard of Moscow-based Kaspersky Lab. In the wake of reported connections to the Kremlin and Russian intelligence entities, the cybersecurity company was famously banned as a source of supply to the United States Government by Section 1634 Continue Reading
Coal Plant Shutdowns: The Implications of Recent Health Studies
As if the owners of coal-fired power plants did not have enough to worry about, two studies published last month concluded that the shutdowns of coal-fired power plants were associated with improvements in the reproductive health of persons living in the vicinity (0-10 km) of the plants. The Continue Reading
Get It in Writing
As any financial or legal professional will advise, a promise, representation or agreement should be in writing. This sound advice applies equally in the bankruptcy context, as the Supreme Court recently held.[1] When extending credit to an individual who makes a statement about her financial Continue Reading