Mark Morgan co-authors the article, “Assignment for the Benefit of Creditors? One Creditor's Experience With an Archaic State Insolvency Process,” published in the New Jersey Law Journal. The article provides insight, from a creditor's perspective, into the ABC process in New Jersey. Continue Reading
College ‘Super Conferences’ May Wind Up on Defense with Antitrust Law
Mark Morgan co-authors “College 'Super Conferences' May Wind Up on Defense with Antitrust Law,” published in Sports Business Journal. The article examines how the ongoing consolidation of college football into two dominant conferences could expose the Big Ten and SEC to increased antitrust scrutiny, Continue Reading
New Law Will Impact Change in Control Transactions Between Health Care Entities in New Jersey
New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August 18, 2022, and effective on November 16, 2022. The Act provides employment Continue Reading
Federal Contractor Vaccine Mandate – Where Do Things Stand Now?
In the fall of 2021, President Biden issued Executive Order 14042 (EO 14042), which, among other things, directed federal agencies to require federal contractors and subcontractors to mandate that most of their employees be vaccinated against COVID-19. Our description of that requirement is Continue Reading
Budding Support: How Professional Athletes Can Combat Opioid Abuse by Advocating for the Federal Legalization of Marijuana
Jessica Osterlof authored “Budding Support: How Professional Athletes Can Combat Opioid Abuse by Advocating for the Federal Legalization of Marijuana,” in Volume 46: Issue 3 of the Seton Hall Journal of Legislation and Public. In this article, Jessica explores the effects of the Federal Controlled Continue Reading
DOJ Enforcement Actions Alleging PPP Loan and Healthcare-Related COVID-19 Fraud Continue to Rise
Christopher Adams co-authored DOJ Enforcement Actions Alleging PPP Loan and Healthcare-Related COVID-19 Fraud Continue to Rise in the early fall issue of Garden State FOCUS. Continue Reading
Court of Chancery Reinforces Delaware Law’s “Twice-Tested” Review When Invalidating Board Action Designed to Disenfranchised Stockholders
In Totta v. CCSB Financial Corp., C.A. No. 2021-0173-KSJM (Del. Ch. May 31, 2022) (McCormick, C.), the Delaware Court of Chancery held that a board of directors improperly applied a voting aggregation provision in the company’s charter that disenfranchised several stockholders. In so holding, Continue Reading
Stats Show Renewed Interest In Ex Parte Reexamination
Since the passage of the America Invents Act, inter partes review, or IPR, and post-grant review, or PGR, have been favored over ex parte reexamination to challenge a patent's validity at the U.S. Patent and Trademark Office. Recently, however, the popularity of ex parte reexamination has Continue Reading
New Jersey Supreme Court Ruling Means Employers Should Reassess and Document Independent Contractor Relationships
A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme Court emphasized that, even when a company has an independent Continue Reading
Congress Considering Bill to Boost Patent Quality
Senators Patrick Leahy and Thom Tillis recently introduced a bill to evaluate the transparency of patent examinations and ultimately improve the quality of patents. The bill requires the comptroller general of the United States to assess and provide information on metrics for patent quality. The Continue Reading