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
Health Law Insights Newsletter – Issue 7
McCarter & English, LLP’s Health Care Group presents Issue 7 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL Providers’ Obligation to Report Medicare Overpayments Clarified in New RuleNew Core Clinical Quality Measures Released Continue Reading
New Jersey Adopts the Uniform Trust Code: Something Old, Something New, Something Borrowed, But What Does it Mean for You?
In a flurry of legislation approved in January, New Jersey enacted its version of the Uniform Trust Code on Jan. 19. P.L. 2015, c.276. It will take effect 180 days after enactment--July 17. The Trust Code is derived from the model Uniform Trust Code (UTC) promulgated by the National Conference of Continue Reading
Pension Plan Sponsors Beware: The Department of Labor Is Investigating Plans That Fail to Locate and Pay Benefits to Terminated Vested Participants
A Department of Labor (“DOL”) official recently disclosed a new DOL investigation initiative focusing on the adequacy of defined benefit plan procedures to locate and pay out benefits to terminated vested participants. The initiative serves as a reminder of the importance of having procedures in Continue Reading
What Makes for a Successful Receivership: Ins and Outs of How They Work
Stephanie Reed Traband authored “What Makes for a Successful Receivership: Ins and Outs of How They Work” published by Bloomberg Law. Continue Reading
FdG Logistics LLC v. A&R Logistics Holdings, Inc., C.A. No. 9706-CB (Del. Ch. Feb. 23, 2016)
Anti-reliance disclaimer by buyer in M&A transaction: Delaware law enforces clauses which identify the specific information on which a party has relied and foreclose reliance on other information Upon the consummation of an M&A transaction, a buyer usually has a period of time in which to Continue Reading
Much Ado About Nothing in Design-Defect Cases
For most product liability cases involving design-defect claims, New Jersey's Model Civil Jury Charges offer two options for instructing the jury on how to determine whether the design of the subject product was "defective." Those two tests are known as the "risk-utility" test and the "reasonable Continue Reading
President Obama Signs Two New Cybersecurity Laws; FERC, Congress Take Aim at Cybersecurity Risks in the Electric Utility Sector
A new law gives the President and the U.S. Secretary of Energy emergency powers over the electric sector in a grid security emergency and seeks to increase cyber information sharing to better protect all sectors including the energy sector. In addition, the Federal Energy Regulatory Commission has Continue Reading