McCarter partner Hugh Murray authored an article for Law360 that discusses the forthcoming Massachusetts Supreme Judicial Court ruling regarding the franchise model and what does – and does not – count as employment. Continue Reading
What’s Next for Federal Contractors and Mandatory COVID-19 Safety Protocols
The Federal Employee EO explicitly calls for the “mandatory” vaccination of employees of executive agencies. Contrary to some reporting, this includes employees of the United States Postal Service and other so-called independent agencies and Government corporations but does not include employees of Continue Reading
Chapter 7: Software, E-Commerce, Internet, and Business Method Patents
Draft strong patents, avoid problems, and maximize leverage with the detailed advise in this treatise. Now in its fourth edition, this two-volume hardcover resource helps practitioners draft the broadest possible patent that can sustain a validity challenge by synthesizing and applying lessons from Continue Reading
Delaware Court of Chancery Endorses Reverse Veil-Piercing
The Delaware Court of Chancery has recognized, for the first time, that the equitable remedy of reverse veil-piercing is available under Delaware law. The court’s decision in Manichaean Capital, LLC v. Exela Technologies Inc., et al., 251 A.3d 694 (Del. Ch. May 25, 2021) (Slights, V.C.), endorsed Continue Reading
Prevention v. Cure: Supply Chain Hygiene Is the Key to Defending Enforcement
This article appeared in the Service Contractor Magazine Summer 2021 issue. With the CARES Act, Operation Warp Speed, and the American Rescue Plan in the rearview mirror, another $1 trillion or more in infrastructure spending is likely on the way to congressional approval before the end of the Continue Reading
Approval of Conflicted Transaction by a Majority of LLC Members Does Not Disclaim Fiduciary Duties
The Delaware Court of Chancery reaffirmed a manager’s fiduciary duties of loyalty and care to members of a Delaware limited liability company in the absence of a clear and unambiguous disclaimer of fiduciary duties in the operating agreement. Under Largo Legacy Grp., LLC, a manager may be held Continue Reading
2021 Amendments to Delaware Corporate Law and Alternative Entity Statutes
The 2021 amendments to the Delaware General Corporation Law (the DGCL), the Delaware Revised Uniform Partnership Act (the DRUPA), the Delaware Revised Uniform Limited Partnership Act (the DRULPA), and the Delaware Limited Liability Company Act (the DLLCA and, together with the DRUPA and the DRULPA, Continue Reading
Massachusetts’ Strictest-in-the-Nation Definition of “Employee” May Encompass Franchise Operators
When a worker is classified as an employee, a panoply of local, state, and federal laws regulate many facets of the relationship between the worker and the person or entity the worker serves. When a worker is not an “employee,” on the other hand, government takes a much more hands-off approach, Continue Reading
Enhanced Buy American Requirements Coming Soon; Proposed Rule Foretells Big Changes
Addressing the Funding Gap for Women and Diverse Entrepreneurs
Women and diverse entrepreneurs account for a large portion of the economy and drive job creation but continue to experience barriers to growth. In this New Jersey Lawyer Magazine article, McCarter partner Onome Adejemilua discusses the challenges these entrepreneurs face within the venture capital Continue Reading