On September 9, 2021, President Biden announced some sweeping changes in the way the federal government is combating the COVID-19 pandemic as part of the administration’s Path out of the Pandemic action plan. In addition to encouraging Americans to get vaccinated, the President announced the Continue Reading
Delaware Supreme Court Overrules Prior Precedent Regarding Stockholder Dilution Claims
The Delaware Supreme Court has overturned its long-standing decision in Gentile v. Rossette regarding “dual-natured” claims, undoing years of precedent regarding stockholder dilution claims that allowed stockholders to bring controller dilution claims directly. In Brookfield Asset Management Inc. Continue Reading
Curtain Up: Broadway’s Legal Issues on the Road to Reopening
Matthew Windman writes about the reopening of Broadway following the March 2020 shutdown, and addresses ongoing and developing legal issues for the theater industry posed by COVID-19. Continue Reading
Disclaimed Traditional Fiduciary Duties in LLC Agreement Re-imposed on Manager by Contradictory Language in LLC Agreement
The Delaware Court of Chancery’s decision in Cadira Grp. Holdings, LLC Litig. reflects the importance of precision in addressing a manager’s fiduciary duties within the operating agreement of a Delaware limited liability company. In its latest decision concerning contractual fiduciary duties, the Continue Reading
Importance of Accurate Translation of Non-English Priority Patent Applications
Can a U.S. patent be invalidated due to an inaccurate translation of the non-English priority patent application? The answer is most definitely “Yes.” This article examines the recent Federal Circuit decision in which this occurred, IBSA Institut Biochimique, S.A. v. Teva Pharm. USA, Inc., 966 F.3d Continue Reading
Mass. 7-Eleven Case Carries Broad Employment Ramifications
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