In Connecticut and the majority of states, the settlement of a case is not a bar to a malpractice claim alleging a failure to handle the case in accordance with the standard of care and to properly advise the client on settlement. McCarter partners James Budinetz and Peter Zarella provide risk Continue Reading
Data Crossing Borders? McCarter & English Breaks Down DOJ’s New Rules
It's a new day for data privacy and security regulation. As the DOJ ramps up investigations and enforcement, businesses should prioritize knowing their data, knowing their transactions, and understanding the DSP’s requirements and how they might be enforced. For years, the general structure of Continue Reading
Employment Claims in Release Agreements: New Jersey
Thomas Doherty and Adam Saravay have updated their Q&A guide on employment claims to be included in release agreements for private employers in New Jersey in “Employment Claims in Release Agreements: New Jersey.” This Q&A guide, part of a multistate series published by Thomson Reuters Continue Reading
Cybersecurity & Data Privacy: Sector-Specific Laws, the DOJ’s Data Security Program, and the Lapse of CISA 2015 – Oh My!
The data organizations collect and transmit continues to expand at a seemingly exponential rate. At the same time, the road to protect themselves and their stakeholders is constantly growing more difficult to navigate. In this article in Hartford Business Journal, McCarter partners Erin Prest and Continue Reading
Federal Court Allows Class Action Over Mortgage Servicer’s Alleged Deceptive Language
In an article on a putative class action case in North Carolina involving alleged deceptive mortgage acceleration notice language, Today’s General Counsel cites a recent McCarter alert authored by Adam Swanson, Jessie Bonaros, and Tim Salter that discusses the implications for increased scrutiny of Continue Reading
From Newsrooms to Concert Halls: Serving the Civic Soul of New Jersey
“I didn’t set out to become a chair of a state authority in my mid-30s. I certainly didn’t expect that sitting across from a strident adversary in a crowded Senate hearing room would be the moment that lit the fire. But that’s exactly what happened on a summer day in 1992, when I found myself locked Continue Reading
The Condominium Termination Conundrum: Navigating the Fla. Condominium Act for Successful Redevelopment
Manuel Fernandez authors an article in the Daily Business Review on how the current provisions of the Florida Condominium Act concerning condominium terminations skew bargaining power toward holdout unit owners who own as little as 5% of the voting rights in a condominium. Such a small percentage Continue Reading
Don’t Depend Solely on the Government to Prosecute Business Theft: Be Prepared and Protect Yourself
It’s true that violating laws protecting intellectual property, technology and the computer systems in which this information is generated and stored risks criminal prosecution. But these offenses are infrequently prosecuted and, when they are, the prosecutions are too often lengthy, complex and Continue Reading
Feature Comment: CMMC Crosses The Finish Line—But Defense Contractors’ Race Ain’t Over
The DoD has finally crossed the CMMC finish line, but for contractors, the race is just beginning. With the Final Rule effective Nov. 10, award eligibility will hinge on a “current” CMMC status in SPRS, backed by annual affirmations and strict compliance. The next two months are critical for getting Continue Reading
Conn. Ruling May Help Prevent Abuse Of Anti-SLAPP Statute
Connecticut's anti-strategic lawsuit against public participation, or SLAPP, statute, provides a unique procedural vehicle — the special motion to dismiss — to cut short frivolous litigation that is based on a defendant's constitutionally protected activityUpon a defendant's showing that the Continue Reading