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
Delaware Supreme Court Rules That Otherwise Entirely Fair Transaction Does Not Pass Muster When Taken for Inequitable Purpose
On June 28, 2021, the Delaware Supreme Court reversed a ruling of the Court of Chancery which found that an otherwise “entirely fair” transaction undertaken for an “inequitable purpose” did not trigger fiduciary liability for the defendant directors. The Supreme Court’s decision, captioned Marion Continue Reading
Catching Waves: OMB Issues New Implementation Guidance for Biden Administration Buy American Executive Order
The U.S. Government Is Buying Cybersecurity – Should You Be Selling?
The Compliance Deadline for OSHA’s COVID-19 Healthcare Emergency Temporary Standard Is Here. Are You Ready?
Exercising its authority under Section 6(c) of the Occupational Safety and Health Act, the federal Occupational Safety and Health Administration (OSHA) issued its COVID-19 Healthcare Emergency Temporary Standard (ETS) on June 21, 2021. The ETS sets forth safety standards for employers (including Continue Reading
What Does OSHA Require of Employers When OSHA’s COVID-19 Emergency Temporary Standard Does Not Apply?
While there is no specific COVID-19 standard that applies to employers and employees not covered by the recent emergency temporary standard (ETS) applicable specifically to employers with employees working in a healthcare setting, the Occupational Safety and Health Administration (OSHA) continues to Continue Reading