When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to issue our more comprehensive view here, it looked like such a Continue Reading
Shield, Sword or Plough Ahead? Approval of New EU Privacy Shield Forces a Decision
When the European Court of Justice first invalidated the Safe Harbor we recommended here that, for most companies, staying the course by implementing general data security best practices was probably the right thing to do until the situation in the European Union stabilized. As of last week, that Continue Reading
Freedom of Contract in LLC Structure Is Not Absolute Where Parties Seek Bankruptcy Relief
In re Intervention Energy Holdings, LLC, Case No. 16-11247 (D. Del. June 3, 2016), the Bankruptcy Court for the District of Delaware dealt with the issue of whether a Delaware LLC lacked authority to file a Chapter 11 petition under the Bankruptcy Code because the limited liability company agreement Continue Reading
NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies
Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as needed. Employees supplied through an agency can, in theory, reduce the legal Continue Reading
Food Product Recalls – Are You Covered?
Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli that has sickened nearly 40 people in 20 states since December 2015. A few Continue Reading
New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies
The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail” coverage claims. In Viking Pump, Inc. v. TIG Insurance Co., the Continue Reading
Product Recalls and Insurance: Considerations to Maximize Covered Expenses
Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. Grocery store chain Publix announced a voluntary recall on May 10, 2016 of its cranberry nut and seed mix. Publix learned of the potential listeria monocytogenes contamination when it Continue Reading
Demand Refused Rule 23.1 Explained by the Delaware Court of Chancery
In a recent decision out of the Delaware Court of Chancery – Friedman v. Maffei et al., C.A. No. 111105-VCMR – the court’s second-newest member, Vice Chancellor Montgomery-Reeves, dismissed a proposed derivative complaint on the grounds of the rarely invoked test under Chancery Rule 23.1 for Continue Reading
Can Solar Reboot Your Coal-Fired Plant Site?
The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site. Companies can repurpose sites as solar farms or integrate solar into Continue Reading
Delaware Law on Advancement of Fees Incurred by Former Officers and Directors
In a recent Delaware Court of Chancery case - Hyatt v. Al Jazeera America Holdings II, LLC, C.A. No. 11465-VCG - Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery took on a “familiar” issue with a “twist”: the right of former directors to advancement of litigation costs Continue Reading