In Weil v. VEREIT Operating Partnership, L.P., C.A. No. 2017-0613-JTL (Del. Ch. Feb. 13, 2018), the Delaware Court of Chancery dealt with the issue of advancement of fees and expenses to certain directors and officers (the “Plaintiffs”) of a Delaware limited partnership (the “Partnership”). Continue Reading
Buy American, Pack American: The New Conventional Arms Transfer Policy
On April 19, 2018, President Trump issued National Security Presidential Memorandum No. NSPM-10 (the “Memorandum”), which outlined a new Conventional Arms Transfer (“CAT”) Policy. Based on announcements from administration officials, the new CAT Policy will be a catalyst for the economy and operate Continue Reading
USPTO Issues Guidance on PTAB Proceedings in Light of SAS Institute Case
In SAS Institute Inc., v. Iancu et al. (584 U.S. (2018)), the U.S. Supreme Court addressed whether the Patent Trial and Appeals Board (PTAB) is required to decide the patentability of every claim challenged by a petitioner when it issues a final decision in an Inter Partes Review (IPR) under the Continue Reading
That’s the Way the Cookie Crumbles: When Neither Party Prevails in the “Predominance of the Litigation,” Each Side Must Bear Its Own Attorneys’ Fees
While the Delaware Court of Chancery will generally uphold contractual prevailing-party fee-shifting provisions, a party must actually “prevail” in the litigation in order to recover attorneys’ fees and expenses. In The Mrs. Fields Brands, Inc. v. Interbake Foods LLC, C.A. No. 12201-CB Continue Reading
Blockchain: Disruptive Force in Business and Government
Blockchain technology has tremendous disruptive power. Entrepreneurs and investors have embraced the technology and developed blockchain-based initiatives in virtually all industries and sectors. Even governments have taken notice, the New Jersey state government among them. In fact, the New Jersey Continue Reading
New York Federal Court Rolls Over Insurer’s Attempt to Defeat “Blast Text” TCPA Coverage Claim
In a resounding win for policyholders, a New York district court found coverage for a nearly $50 million class-action claim alleging that US Coachways, Inc., violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “blast text” advertisements to potential customers. Illinois Continue Reading
As Opioid Suits Loom, Now’s the Time to Act on D&O Insurance
Litigation related to the opioid crisis is on the rise, and now corporate shareholders are entering the fray. In recent months, shareholders have brought a number of lawsuits against directors and officers of opioid manufacturers and distributors, as well as the companies themselves. These Continue Reading
Spade/Wegner: Supreme Court Delivers Crushing Blow to TCCWNA Plaintiffs by Enforcing “Aggrieved Consumer” Requirement as Written
Late last year, McCarter reported on the New Jersey Supreme Court’s ruling in Dugan/Bozzi and predicted that the Supreme Court would soon hold that consumers filing suit under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) must suffer some adverse consequence in Continue Reading
APGA Leads Charge to Lower Pipeline Rates to Match Lower Tax Rates
The signature change in the Tax Cuts and Jobs Act of 2017 is a reduction in the top corporate tax rate to 21 percent from 35 percent. APGA began the year with a letter to new Federal Energy Regulatory Commission (FERC) Chairman Kevin McIntyre asking FERC to take action to reduce interstate pipeline Continue Reading
Cyber Threat Intelligence: Make Sure It Means What You Think It Means
Alex Major is a contributing author to the Nuix 2018 Black Report: Decoding the Minds of Hackers, a unique report that engages professional hackers, penetration testers, and incident responders to understand the security threat landscape companies face. Alex, a former intelligence officer, focuses Continue Reading