Connecticut’s spill reporting thresholds have been lowered, so you may now need to report releases that would not have triggered reporting requirements in the past. The changes to the "Significant Environmental Hazard" Law took effect on July 1. The Connecticut Department of Energy and Environmental Continue Reading
FTC Eyes Kickstarter Campaigns for Consumer Protection
Most Kickstarter projects never reach the funding threshold, so funders never pay anything into the venture. However, as shown by recent enforcement action, agencies such as the FTC (Federal Trade Commission) have become interested in the 37% that do receive funding. Those using crowdfunding Continue Reading
New Delaware Law Invalidates “Fee-shifting” and Validates “Forum-selection” Provisions
The legislation signed into law last week responds to the Delaware Supreme Court’s decision in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) in which the Court upheld as facially valid a nonstock corporation bylaw imposing liability for the corporation’s legal fees on members who Continue Reading
1F Y0U CAN R3AD TH15—Security and Scam Alert
You may think there is no value in chasing domain name squatters because customers find your website through search engines, but consider squatters as internal and external security risks. A constantly evolving threat, there are new variations on old domain name scams. Spear-Phishing Among Your Continue Reading
Update on the Massachusetts Earned Sick Time Law: What Employers Need to Do by July 1, 2015
The Massachusetts Earned Sick Time Law (the “ESTL”) becomes effective next month, imposing significant obligations on all employers to provide up to 40 hours of earned sick time to Massachusetts employees. By July 1, 2015, employers are required to provide employees with a notice of rights under the Continue Reading
Things You Can’t Unsee…Such As Trade Secrets
A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the need to have confidentiality provisions in all agreements related to Continue Reading
A Key Reminder to Directors of Delaware Corporations When Granting Equity Awards under an Equity Incentive Plan
Corporate directors routinely make decisions regarding their own compensation. If challenged by stockholders, such decisions are generally reviewed by Delaware courts under the onerous "entire fairness" standard, which requires the directors themselves to convince the reviewing judge(s) that their Continue Reading
The Supreme Court Continues Stability in the Secondary Mortgage Market
On Monday, the Supreme Court reaffirmed the principle that junior “underwater” residential mortgage liens can “pass through” a bankruptcy case unaffected. In Bank of America, N.A. v. Caulkett, the Supreme Court held that the Bankruptcy Code does not allow an individual chapter 7 debtor to Continue Reading
Websites Required to Post “About Us” Contact Info Under New Florida Law
Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This act adds Florida to the growing list of states with laws aimed at achieving transparency in online business transactions and antipiracy efforts. Signed into law on May Continue Reading
Delaware Chancery Ruling Offers 171 Million Reasons to Address Inherent Conflicts of Interest in Delaware Limited Partnerships
Delaware law provides that (except for the covenant of good faith and fair dealing) duties, including fiduciary duties, may be “expanded or restricted or eliminated by provisions in the partnership agreement” (6 Del. C. §17-1101(d)). A recent opinion issued by the Delaware Court of Continue Reading