The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). Justice Gorsuch, in his first written opinion as an Associate Justice Continue Reading
“We meant what we said” – U.S. Supreme Court Continues to Rein In Personal Jurisdiction
This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific jurisdictional theories. The opinions in BNSF Railway Co. v. Continue Reading
Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This point is illustrated by the U.S. Court of Appeals for the Second Circuit’s Continue Reading
District of Delaware Ruling Reminds Parties of the Danger of Narrow Arbitration Provisions
In a May 16, 2017 ruling, the United States District Court for the District of Delaware affirmed the order of the bankruptcy court denying a party’s motion to compel arbitration. In doing so, the District Court adhered to traditional rules of contract interpretation in holding that the Continue Reading
Delaware Supreme Court Explores the Definition of “Commercially Reasonable Efforts”
Williams Companies, Inc. v. Energy Transfer Equity, L.P., et al., No. 330, 2016 (Del. Mar. 23, 2017) The Delaware Supreme Court affirmed the judgment entered by the Court of Chancery in favor of the defendant concerning the defendant’s termination of a merger agreement. The Court held that Continue Reading
Delaware Court of Chancery Affirms Fraud Exception to Parties’ Contractual Allocation of Risk
EMSI Acquisition, Inc. v. Contrarian Funds, LLC, et al., C.A. No. 12468-VCS (Del. Ch. May 3, 2017), Slights, V.C. The Delaware Court of Chancery honored the well-settled policy against fraud and its limitation on parties’ freedom of contract in the context of allocating risk in a stock Continue Reading
U.S. Senate’s Energy and Natural Resources Committee Hears Testimony of FERC Nominees, Begins Process to Reestablish Needed FERC Quorum
Federal Energy Regulatory Commission nominees Robert Powelson and Neil Chatterjee testified yesterday before the U.S. Senate Committee on Energy and Natural Resources. The two Republican nominees—Mr. Powelson, Chairman of the Pennsylvania Public Utility Commission and President of the National Continue Reading
SCOTUS Grants Debt Collectors Limited Reprieve
The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”). Overturning the decision of the Eleventh Circuit Court of Appeals, the Court Continue Reading
Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate
As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious nature of the protest grounds and the corresponding flaws in the Continue Reading
Delaware Bankruptcy Court Denies Creditors’ Committee Access to Privileged Documents
In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose underlying the committee’s creation, the court distinguished the role of Continue Reading