Ordinary Course Covenants May Permit Buyers to Terminate Sale Contracts Even For Disaster-Related Operational Changes
The Delaware Supreme Court has ruled that a sale contract’s narrow language restricted a seller’s ability to change operations during a disaster without the buyer’s consent. The court’s affirmation of a Delaware Court of Chancery decision drives home an important, multibillion-dollar lesson that Continue Reading
Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide
Federal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The Implications
Zuckerberg Ruling Combines Long-standing Rales and Aronson Tests for Demand Futility into a Single “Universal” Test
The Delaware Supreme Court has affirmed a new “universal” three-part demand futility test in the case captioned United Food and Commercial Workers v. Zuckerberg et al. No. 404, 2020, 2021 WL 4344361 (Del. Sept. 23, 2021). The new standard, initially espoused by the Court of Chancery, blends the Continue Reading
Litigation Provides Limited Relief to Dependent Spouses Seeking Work Permits
After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic extension of their work authorization, provided certain conditions are met. Continue Reading
Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added
CMMC 2.0: Throwback Cybersecurity — Everything Old Is New Again
CMS Issues a Vaccine Mandate for Certain Health Care Providers
At the direction of the Biden administration, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule (CMS Rule) on November 5, 2021, requiring COVID-19 vaccinations for workers in most health care settings, including hospitals and health systems, that are certified to Continue Reading