The US Department of Justice (DOJ) recently issued a three-page memorandum from acting Deputy Attorney General Emil Bove to the entire DOJ workforce directing federal prosecutors to return to previous DOJ charging guidelines, which required Assistant US Attorneys to uphold their “core principle” to Continue Reading
Trump’s Day 1(5) Tariffs
Trump’s Day 1(5) Tariffs:US Importers Subject to New 10 Percent Cumulative Tariff on All China-Origin Goods; A 30-Day Reprieve on 25 Percent Tariff on Canadian- and Mexican-Origin Goods In a series of executive orders issued on February 1, 2025, President Trump threatened to impose Continue Reading
New Jersey Regulatory Update Part II
We continue our New Jersey Regulatory Update with this Part II, which focuses on regulations that were finalized in the second half of 2024 and impact healthcare. For example, as a continuation of price transparency efforts, the New Jersey Division of Consumer Affairs finalized regulations requiring Continue Reading
Delaware Supreme Court Refuses to Blue-Pencil an Overbroad Restrictive Covenant or Create a Bright-Line Rule Clarifying When Blue-Penciling Should Occur
Sunder Energy, LLC v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (Dec. 10, 2024) In Sunder v. Jackson, the Delaware Supreme Court reaffirmed that provisions in commercial agreements negotiated by sophisticated parties will generally not be blue-penciled (i.e., rewritten) and declined to issue a Continue Reading
New Jersey Regulatory Update Part I
Below is Part I of our New Jersey Regulatory Update focusing on regulations that were finalized in 2024 by various New Jersey agencies that impact healthcare. The final regulations range from additional transparency requirements for nursing homes to licensing relating to hearing aids and social Continue Reading
Chancery Holds Proposed Conversion From Delaware Corporation to Nevada Corporation Requires Only Majority OK Under DGCL Statute
Delaware is, and has been for quite some time, the preeminent jurisdiction for incorporation and corporate law in the United States. Notwithstanding Delaware’s longtime leadership in these arenas, other states, such as Nevada and Texas, are attempting to grow their corporate franchise, a byproduct Continue Reading
DOL Issues Guidance on Retirement Plan Treatment of Missing Participants with Small Balances
The United States Department of Labor (DOL) has released Field Assistance Bulletin 2025-01 (the Bulletin), providing much-needed guidance to fiduciaries of retirement plans covered by the Employee Retirement Income Security Act of 1974, as amended (ERISA). The Bulletin temporarily permits ERISA Continue Reading
Compliance Note No. 10: ELEC Annual Reports Due in February
Organizations, including partnerships, corporations, committees, associations, trade associations, and labor unions that spent over $2,500 in 2024 on lobbying in New Jersey must file a report with the New Jersey Election Law Enforcement Commission no later than February 18, 2025. Filers are required Continue Reading
DEI, Discrimination, Affirmative Action and More: How the Recent Executive Order Impacts Private Employers
Amid a flurry of executive orders starting his second administration, President Donald Trump issued an order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) on January 21, 2025. The Order will have an immediate impact on federal contractors and Continue Reading
The Evolution of the CTA: BOIR Filing Still Voluntary (For Now)
Yesterday afternoon, the US Supreme Court (SCOTUS) issued a highly anticipated decision with respect to the reporting requirements and enforcement of the Corporate Transparency Act (31 U.S.C. § 5336, the CTA). As summarized below, a District Court previously issued a nationwide preliminary Continue Reading