On June 15, 2022, the Connecticut Department of Public Health (DPH) revised its non-binding standards for Per- and Polyflouroalkyl Substances (PFAS)[1]—and also renewed its call for public water systems to test for PFAS and take action to reduce exposures—based on the following drinking water action Continue Reading
Delaware Court of Chancery Pronounces Delaware a “Pro-Sandbagging” Jurisdiction
In Arwood v. AW Site Services, LLC, C.A. No. 2019-0904-JRS (Del. Ch. Mar. 9, 2022; corrected Mar. 10, 2022; amended Mar. 24, 2022) (hereinafter, Arwood), the Delaware Court of Chancery pronounced that Delaware is a “pro-sandbagging” jurisdiction. In the context of acquisitions, “sandbagging” is a Continue Reading
NJ DEP Proposes New “Environmental Justice” Permitting Rules
The New Jersey Department of Environmental Protection (NJDEP) released on June 6 proposed new rules that would implement parts of the Environmental Justice Law, N.J.S.A. 13:1D-157, requiring certain industrial facilities to consider the environmental and public health effects of their operations on Continue Reading
The Court of Chancery Clarifies the Standard for Evaluating Claims Predicated on Acceptance of Allegedly Unfair Compensation
On April 27, 2022, the Delaware Court of Chancery declined to dismiss claims for breach of fiduciary duty arising from the acceptance of allegedly underpriced equity grants. The grants at issue were made to directors and officers of Universal Health Services, Inc. (“UHS” or the “Company”) during the Continue Reading
SEC Proposes Rules for Enhancement and Standardization of Climate-Related Disclosures
The Securities and Exchange Commission has proposed new rules that would require and standardize public companies’ climate-change disclosures to investors. Under the proposed rules, which would apply to both domestic companies and foreign private issuers, certain climate-related disclosures would be Continue Reading
SEC Proposes Amendments to Rules Affecting SPACs
The commissioners of the SEC have proposed new rules and amendments that would require greater disclosures from special-purpose acquisition companies (SPACs). The proposed rules were made in reaction to concerns over the increased number of IPOs by SPACs in recent years and whether they circumvent Continue Reading
Delaware Law Update 2021 Year in Review
Our Delaware Corporate, LLC and Partnership Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2021 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate, LLC and Partnership Law. Our summaries are Continue Reading
Government Agencies Ramp Up Efforts to Revise Energy Efficiency Standards
State and federal governments have shifted into high gear to establish new energy efficiency standards for a wide array of appliances, and manufacturers and consumers would be wise to stay abreast of government efforts to revise these standards. While energy efficiency is viewed widely as a Continue Reading
The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of the ETS until the Sixth Circuit rules on the merits of the ETS and until the Continue Reading
Ordinary Course Covenants May Permit Buyers to Terminate Sale Contracts Even For Disaster-Related Operational Changes
The Delaware Supreme Court has ruled that a sale contract’s narrow language restricted a seller’s ability to change operations during a disaster without the buyer’s consent. The court’s affirmation of a Delaware Court of Chancery decision drives home an important, multibillion-dollar lesson that Continue Reading