Vice Chancellor Tamika R. Montgomery-Reeves of the Delaware Court of Chancery (the “Court”) issued a Memorandum Opinion on January 4, 2017, dismissing a lawsuit arising from a short-form merger involving United Capital Corporation (“United Capital” or the “Company”). A.F. Petrocelli, chairman Continue Reading
Delaware Court of Chancery Addresses Fee-Shifting Bylaws and Raises the Question of Whether Fee-Shifting Could Be Plausible by a Stockholder’s Own Conduct or Act Under Section 102(b)(6) of the DGCL
In 2015, the Delaware General Corporation Law (“DGCL”) was amended to prohibit Delaware corporations from adopting bylaws that imposed liability on a stockholder for the attorneys’ fees or expenses of the corporation or any other party in connection with an internal corporate claim. Simultaneously, Continue Reading
Delaware Law: 2016 Year in Review
Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate and Alternative Entity Law. While this list Continue Reading
It’s That Time Again! Property Tax Appeals in Connecticut: Know When to File
The deadline for appealing Connecticut local property taxes is approaching. For many cities and towns, that date is February 20 unless the town has extended the deadline. If a property owner does not file a tax appeal application by the applicable deadline, the owner may waive the right to appeal Continue Reading
Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims
As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills. Now you are good to go, right? Maybe not. The larger significance of Continue Reading
New Jersey Property Tax Appeal Time
It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2017 appeal. If you own real property in New Jersey, by February 1 you will receive a Notice of Assessment from Continue Reading
Switches and Sweets: Belsnickel Brings Defense Contractors and Subcontractors New Cybersecurity Controls in Preholiday Revisions of NIST Cybersecurity Publication
If you are aware of German Christmas folklore (and really, who isn’t?), you know that Belsnickel is a legendary companion of St. Nick who carries a switch with which to punish naughty children and a pocketful of sweets to reward good ones. This holiday season, many are feeling the sting of a switch Continue Reading
Disclosure of Export Control Violations May Disqualify Defense Contractors
Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading
A Quick Look at the New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board ﴾TTAB﴿ will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or filed after, January 14, 2017. Among the many Continue Reading
Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export Violations
Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading