Attorneys in McCarter’s Venture Capital and Emerging Growth Companies Group empower clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our representation is defined by a paradigm-shifting business model Continue Reading
As One Broadband Funding Window Closes, Another One Opens
Although opportunities to fund broadband through the Federal Communication Commission’s auction are ending soon under its March 30 application deadline, the U.S. Department of Agriculture’s Rural Utilities Service (RUS) opened yesterday (March 28) its own avenue to fund broadband. Under a Notice of Continue Reading
USPTO Issues Written Description Guidance on Antibody Claims in View of Amgen v. Sanofi Case
In Amgen Inc. v. Sanofi, Opinion No. 17-1480 (Fed. Cir., Oct. 5, 2017), the Federal Circuit rejected the “newly characterized antigen” test as a means of satisfying the written description requirement for a claim to antibodies. The patents-in-suit are directed to antibodies that target Continue Reading
Venture Capital & Emerging Growth Companies Activities—March 2018
Attorneys in McCarter’s Venture Capital and Emerging Growth Companies Group empower clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization and monetization. Our numbers speak for themselves! According to PitchBook’s 2017 Global Continue Reading
Did the Supreme Court Just Strip Protection from Whistleblowers? Short Answer: No.
On February 21, 2018, the U.S. Supreme Court held that an employee who was fired shortly after he reported suspected securities law violations to senior management in his company was not a “whistleblower” within the meaning of the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Continue Reading
The Opioid Crisis: Litigation Comes for Corporate Officers and Directors
Litigation related to the opioid crisis is on the rise, and now corporate shareholders are entering the fray. In recent months, shareholders have brought a number of lawsuits against opioid manufacturers and distributors, as well as their directors and officers. These shareholder suits open a new Continue Reading
Coal Plant Shutdowns: March 21 Deadline Looms for Qualified Opportunity Zone Designation
A funding source can be crucial to a coal-fired plant shutdown and repowering or redevelopment. The recently enacted Tax Cuts and Jobs Act (P.L. 115-97 or the Act) provides tax incentives that could benefit investors seeking to fund a shutdown and repowering or redevelopment, but states will need to Continue Reading
Tax Reform: Key Implications for U.S.—Based Businesses
The massive tax reform legislation enacted in December 2017, commonly referred to as the “Tax Cuts and Jobs Act” (the “Act”), has made extensive changes to the taxation of business entities. This alert summarizes some of the key provisions of the Act of general applicability to domestic Continue Reading
No Further Delays for Enhanced Disability Claims Procedures: ERISA Plans Facing April 1, 2018 Compliance Date
On December 19, 2016, the Department of Labor (“DOL”) issued final rules that significantly expand the existing claims procedures applicable to ERISA-covered benefit plans that provide disability or other benefits conditioned upon a finding that a participant is disabled.[1] Since their initial Continue Reading
Delaware Law: 2017 Year in Review
Our Delaware Corporate and Alternative Entity Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2017 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate and Alternative Entity Law. While this list Continue Reading