UPDATED December 20, 2021 - The OSHA Vaccine Emergency Temporary Standard (“ETS”) is back on. On Friday, December 17, 2021, the Sixth Circuit lifted the stay on OSHA’s Vaccine ETS. While the deadlines in the ETS have not changed, OSHA has issued a statement advising that it will exercise its Continue Reading
Legal Issues in Reopening Broadway
Matthew Windman writes about ongoing legal concerns arising out of COVID-19 and poses additional questions that may affect the new Broadway season: How will vaccination requirements be loosened by the government and the industry if and when health conditions improve? If health conditions get worse, Continue Reading
This Will Only Hurt a Bit: The GSA Mandates COVID-19 Vaccines in Nearly All Existing Contract Types
The Clauses Implementing Vaccination Mandate for Federal Contractors Are Out—Key Considerations for Contractors
The Clash for COVID Coverage: Business Interruption Insurers May Have Won More Battles, But New Jersey Policyholders Still Can (and Should) Win the War
McCarter lawyers Sheri Pastor, Anthony Bartell, and Mario Russo authored an article for New Jersey Lawyer magazine discussing business interruption insurance coverage for COVID-19-related losses and why New Jersey policyholders should prevail in cases involving same. Continue Reading
Delaware Court of Chancery Declines to Apply Business Judgment Deference Due to Deficiencies in MFW Protections
On August 31, 2021, Vice Chancellor Sam Glasscock of the Delaware Court of Chancery declined to dismiss breach of fiduciary duty claims brought by a former minority stockholder of Isramco, Inc. (the “Company”), which challenged the Company’s take-private acquisition by Naphtha Israel Petroleum Corp. Continue Reading
Business Judgment Rule Applies Where Stockholder Failed to Plead Merger Was Interested Transaction
In Flannery v. Genomic Health, Inc., C.A. No. 2020-0492-JRS (Del. Ch. Aug. 16, 2021) (hereinafter Flannery), the Delaware Court of Chancery dismissed a complaint in which the plaintiff failed to adequately plead that a merger transaction was fundamentally unfair because it involved conflicted Continue Reading
Tackling Issues in Structuring Syndicated Asset-Based Loans
McCarter partner Inez Markovich co-authored an article for ABF Journal, discussing tactics for handling issues in structuring syndicated asset-based loans. Continue Reading
The GAO Sustains Protest Based on Awardee’s Organizational Conflicts of Interest—An Important Lesson for All Contractors
If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (and perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a bid protest, this may be one of the most overlooked but “sharpest” grounds Continue Reading