Joseph Scholz discusses the use of preliminary agreements under New York law, analyzing relevant case law and explaining the implications for contracting parties. Continue Reading
(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure Projects
When the Cure Is Worse Than the Disease: Recent CBCA Decision Regarding Improper Default Terminations Provides a Teachable Moment for Every Contractor
Delaware Law Update 2022 Year in Review
Our Delaware Corporate, LLC and Partnership Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2022 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate, LLC and Partnership Law. Our summaries are Continue Reading
‘Wile E.’ IoT: NIST SP 800–213 and Catching Up with the Internet of Things Cybersecurity Improvement Act of 2020
FEATURE COMMENT: ‘Wile E.’ IoT: NIST SP 800-213 And Catching Up With The Internet Of Things Cybersecurity Improvement Act Of 2020 “Beep beep”—Road Runner Be it running into a rock face, dropping off a cliff, getting blown up, or taking an anvil to the noggin, there was little that would/could Continue Reading
Knowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard
Chancery Limits Enforceability of ‘Reasonable’ Restrictive Covenant Agreements under Delaware Law
A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used. Benjamin Smyth discusses the decision and its implications in this article for Delaware Business Court Insider. Continue Reading
SEC “Modernizes” Investment Adviser Advertising and Paid Solicitation Rules
The Securities and Exchange Commission (SEC) has significantly revised and “modernized” the Investment Advisers Act regulatory framework governing investment adviser advertisements and payments to solicitors to address fraudulent and deceptive practices in light of evolving marketing practices and Continue Reading
SEC Adopts New Executive Compensation Clawback Rules for Public Companies
On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial Continue Reading
Preemption and Claims of Failure to Report Adverse Events to FDA Under PA Medical Device Case Law
Unlike a standard failure-to-warn claim, a failure-to-report claim can avoid federal preemption if the jurisdiction has a state-law duty to do so. Amy Vanni and Michael Toczyski discuss whether such a duty exists in PA in The Legal Intelligencer. Continue Reading