The Delaware Supreme Court Signals Deference to the Department of Finance on Unclaimed Property Audit Subpoenas
A recent decision of the Delaware Supreme Court, State of Del., Dept. of Fin. v. AT&T, Inc., Case No. 303, 2020 (Del. June 1, 2021), Seitz, C.J., provides a framework for resolving disputes concerning administrative subpoenas that reflects great deference to administrative agencies such as the Continue Reading
Venture Capital & Emerging Growth Companies May 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. Clients doing great things Congratulations to client Northpass, a learning Continue Reading
NIST on Track to Clarify Bayh-Dole to Ensure High Prices Cannot Be Used as Grounds for Exercising March-in Rights – Or Is It?
A Practical Metric For Annual Patent Filing Targets: Part 1
How many patent applications should we file this year? This question is contemplated annually by many intellectual property departments. The answer affects which of the company's goods or services will have patent protection, which future product lines will be patent-covered, how large of a patent Continue Reading
Enough’s Enough: A New Executive Order Signals Sweeping Changes to Federal Cybersecurity Requirements
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