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
Additional Regulatory Hurdles for Private Equity Advisers
The private equity industry should carefully consider the implications of a recent Securities and Exchange Commission ("SEC") enforcement action. In it, the SEC, for the first time, sanctioned an SEC-registered private equity advisory firm for failing to register also with the SEC as a broker for 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
Union Organizing Update: Quickie Union Election Rules Combined with New Persuader Regulations Emphasize Need for Advance Planning
With private sector union representation at historic lows – just 6.7% of the workforce – many employers have given little thought to how they would respond to a union organizing petition. However, two legal developments, one a year old and the other soon to be implemented, demonstrate the need for Continue Reading