Interest Tolling in Mortgage Foreclosure Actions Abrogates Contract Rights and Is Unlawful Under CPLR 5001
Some New York courts have begun routinely tolling prejudgment mortgage interest as a sanction against mortgage lenders and servicers for perceived delays in the foreclosure process. Exercising their “equitable powers,” courts have canceled prejudgment interest as a penalty for delays resulting from, Continue Reading
Enhanced Opportunities to Benefit from the Employee Retention Credit
The Employee Retention Credit (ERC) was established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020, to encourage businesses to keep employees on their payroll during the pandemic. Business owners may be able to benefit from the significant improvements that Continue Reading
How the Truth Is False: Accurate Prescription Drug Event Data Can Trigger False Claims Act Liability
Delaware Supreme Court Rules on Contractual Limitation on Liability Provision
Parties to commercial transactions governed by Delaware law and their counsel should take note of the recent en banc opinion issued by the Delaware Supreme Court in Express Scripts, Inc. v. Bracket Holdings Corp. (https://courts.delaware.gov/Opinions/Download.aspx?id=317280). Background Under Continue Reading
Raising the Wage: Biden-Harris Administration Dramatically Increases Minimum Wage for Federal Government Contractors
Vendors Face Strict Liability for Deceptive Conduct under PA Consumer Protection Law
The Pennsylvania Supreme Court’s recent decision in Gregg, et al. v. Ameriprise Fin., Inc., et al. holds vendors that provide goods and services to consumers in the Commonwealth of Pennsylvania strictly liable for fraudulent or deceitful conduct under the Pennsylvania Unfair Trade Practices and Continue Reading
Venture Capital & Emerging Growth Companies April 2021 Highlights
McCarter’s renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Helping great clients do great things We regularly structure and form Continue Reading
Trust and Estate Implications Involving Potentially Incapacitated Persons
Gerard Brew authored an article discussing a recent decision by the Supreme Court of New Jersey that raises a host of issues about decision making by those who encounter sudden disability or possible mental impairment of incapacity for the New Jersey Law Journal. Continue Reading
NJ Supreme Court Rules that NJ Uniform Securities Law Does Not Bar Investment Adviser From Seeking Damages Over Verbal Job Offer
The Supreme Court of New Jersey recently cast doubt on the applicability of the federal “family office” exception for investment advisers under the New Jersey Uniform Securities Law (NJUSL) while allowing the plaintiff to seek reliance damages based on an oral promise of employment despite the Continue Reading