This third in a series of articles explores New Jersey's version of the Uniform Trust Code, which will take effect on July 17. P.L. 2015, c. 276, section 4. This segment addresses new provisions defining the role of beneficiaries (including so-called "qualified beneficiaries") and virtual 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
Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy
Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy. Although the precise terms of CGL policies vary, under some policies covered Continue Reading
New Jersey’s Trust Code: Creation, Validity and Types of Trusts
Private Equity Funds Liable for Portfolio Company’s Pension Obligations
A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans in determining how far a controlled group of employers may extend. The Continue Reading
Exploring OSHA’s New and Increased Enforcement Initiatives
2016 brings two notable changes from the Occupational Safety and Health Administration (OSHA) that will impact the construction industry: 1) increased penalties for Occupational Safety and Health Act (OSH Act) violations; and 2) an expansion of the Worker Endangerment Initiative, an OSHA enforcement Continue Reading
Madden NFL Lawsuit Gets Sent Back to the Locker Room
On Monday, March 21, the Supreme Court of the United States declined to hear arguments in Electronic Arts v. Davis, a case originating from the Ninth Circuit. This was bad news for the petitioner, Electronic Arts (EA), who was seeking to strike the complaint under California’s anti-SLAPP Continue Reading
Infringing Lasagna? 3-D Printing Risks Innovative Restaurants Already Use The Technology – But Is It All Protected IP?
There are lots of risks in the restaurant business: bad food, unruly patrons, defective furniture. Fortunately, copying a recipe claimed by someone else is not one of them. Judges regularly close the courthouse doors on such claims, which, as a result, are few and far between. Until, that is, 3-D Continue Reading