In P-5 GRA LLC v. Ivankovich, a minority member’s breach of contract claim against the majority member of a Delaware limited liability company (LLC) was undone by the corporate separateness doctrine and the minority member’s failure to account for this principle in an operating agreement. These Continue Reading
McCarter’s Playing Field: Sports Law Insights
Welcome to McCarter’s Playing Field: Sports Law Insights, where you’ll find the latest in sports law, notes about our practice, and important updates for athletes, teams, institutions, facilities, investors, and others in the industry. The McCarter & English Sports Team is a diverse Continue Reading
Antitrust Considerations in Preferred Vendor and Loyalty Program Agreements
Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these programs often results in agreements that set parameters for participation Continue Reading
Tax Planning for Sports Franchise Owners, and the Rest of Us
Jim Irsay, the longtime owner and CEO of the Indianapolis Colts, died unexpectedly in May 2025. Irsay leaves behind not only a legacy in the NFL but also a sports franchise valued at approximately $4.4 billion. As Irsay’s family navigates his death they, like millions of other families, may be Continue Reading
Economic and Clean Energy Leadership in New Jersey—FY 2026 Budget Testimony Highlights
Last week, Tim Sullivan, CEO of the New Jersey Economic Development Authority (NJEDA), and Christine Guhl-Sadovy, president of the New Jersey Board of Public Utilities (BPU), presented their fiscal year (FY) 2026 budget proposals to the New Jersey Legislature. Their testimonies highlighted the Continue Reading
DOJ Criminal Division Announces White Collar Enforcement Priorities and Policy Changes to White Collar Investigations
Earlier this week, the US Department of Justice (DOJ) released a new white collar enforcement plan (Enforcement Plan) outlining changes to the Criminal Division’s white collar enforcement priorities to align more closely with the goals of the Trump administration. The Enforcement Plan, titled Continue Reading
Recent Trends in State Antitrust Enforcement
State attorneys general (state AGs) are expected to ramp up antitrust enforcement. Some would argue that enforcement is an effort to fill a perceived gap left by the Trump administration, but state AGs have been signaling their enforcement prowess and exercising their independence for some Continue Reading
So Long Transfer Act: We Won’t Miss You
Jane Warren authors an article for the CT Business and Industry Association on the new regulations that are set to replace the decades-old CT Transfer Act on March 1, 2026. The new regulations call for addressing contamination based on when property owners discover new or historic releases, Continue Reading
Check Your Process or Pay Your Fine: Recent 6-Figure Fines from the California Privacy Protection Agency
The California Privacy Protection Agency (CPPA) recently fined clothing retailer Todd Snyder almost $350,000 for two types of consumer privacy errors. Due to technical errors during a 40-day period, it was impossible for Todd Snyder website users to request to opt out of having their information Continue Reading
Bargaining Power Does Not Equate to Shareholder Control Capable of Giving Rise To Fiduciary Duties
In Frank v. Mullen, et al., the Delaware Court of Chancery dismissed a breach of fiduciary duty claim against a minority shareholder arising out of the merger of a Delaware corporation where the plaintiff failed to plead facts demonstrating the minority shareholder’s actual control over the Continue Reading