A heads up to directors considering whether to sell the company: recent Delaware court decisions have demonstrated the potential perils of passively following the advice of financial advisers, particularly where the adviser may have conflicted interests. Here are some key take aways. Don’t Continue Reading
Health Law Insights Newsletter – Issue 2
McCarter & English, LLP’s Healthcare Group presents the April 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal UpdatesCenters for Medicare & Medicaid Services Issues Guidance for Meaningful Use Hardship ExceptionCMS Initiates Continue Reading
The Heartbleed Lesson for All Companies? Manage the Risk…
Another day, another computer data security risk. The Heartbleed bug is further evidence that even companies that employ presumably reliable data security measures are vulnerable to revealing third party data to the public and nefarious cyber thieves, exposing companies to potential cyber liability. Continue Reading
IRS Issues Guidance on Recognition of Same-Sex Marriage Under Tax-Qualified Retirement Plans
On April 4, 2014, the Internal Revenue Service issued Notice 2014-19 providing guidance on the application of the U.S. Supreme Court’s decision in United States v. Windsor (“Windsor”) to tax-qualified retirement plans (such as 401(k), profit sharing, and defined benefit plans). The Continue Reading
Amendments to Delaware General Corporation Law Allow Delaware Corporations to Ratify Defective Corporate Acts
Effective April 1, 2014, the Delaware General Corporation Law (“DGCL”) has been amended to include new Sections 204 and 205 that will provide Delaware corporations with an avenue to cure certain defective corporate acts, including ratification of an unauthorized issuance of stock. In the past, Continue Reading
Corporation Law: New Jersey
A Q&A guide to corporation law in New Jersey. This Q&A addresses key areas of corporate law such as formation, foreign qualification, mergers, anti-takeover laws and dissolution. Continue Reading
U.S. Appeals Court Affirms Judgment Against 401(k) Plan Fiduciaries for Excessive Recordkeeping Fees
On March 19, 2014, the U.S. Court of Appeals for the Eight Circuit (the “Appeals Court”) issued its highly anticipated ruling in the case of Tussey v. ABB, Inc., affirming a Missouri trial court’s $13.4 million judgment against ABB, Inc. (including its plan investment and administrative Continue Reading
New Paid Sick Time Mandates in New York & New Jersey
A new patchwork of local laws in the New York/New Jersey metro area guaranteeing employees paid or unpaid accrued sick time will complicate employers’ sick leave policies and practices. New York City, Jersey City and Newark have each enacted mandates for private employers to provide their employees Continue Reading
Health Law Insights Newsletter – Issue 1
McCarter & English, LLP’s Healthcare Group presents the March 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal UpdatesTwo-Midnight Rule Deadline ExtensionDeadlines for Electronic Health Record (EHR) Meaningful UseDistrict Court Continue Reading
Business Brokers Get “No-Action” Relief from SEC
Business intermediaries who facilitate the purchase or sale of privately-held businesses for a success fee based on the size of the completed acquisition may no longer have to be concerned about registering as broker-dealers with the Securities and Exchange Commission (SEC). On January 31, 2014, the Continue Reading