In the appeal of an appraisal decision—Bridge Leveraged Cap. Structures Fund Ltd., et al. v. Stillwater Mining Co., Case No. 427, 2019 (Del. Oct. 12, 2020), Montgomery-Reeves, J.—the Delaware Supreme Court approved the Delaware Court of Chancery’s reliance on the sale price as the most reliable Continue Reading
The Delaware Court of Chancery Defers to the State of Incorporation in Matters of a Company’s Internal Affairs
Sylebra Cap. Partners Master Fund, Ltd., et al. v. Perelman, et al., C.A. No. 2019-0843-JRS (Del. Ch. Oct. 9, 2020), Slights, V.C.—The Delaware Court of Chancery dismissed a plaintiff shareholder’s request for declaratory and injunctive relief related to the defendants’ purported denial of certain Continue Reading
Trump Administration Loses Another Immigration Federal Challenge
As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the executive branch has lost another federal legal challenge. On December 1, 2020, Continue Reading
Venture Capital & Emerging Growth Companies November 2020 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. Though the pandemic has had a marked impact on venture financings around the Continue Reading
The Voters Have Spoken: When and How New Jersey Will Give Life to the Cannabis Market
Horticultural, retail, biotech, pharma, and other companies located in the diverse cannabis industry have long anticipated and increasingly prepared for adult-use legalization in the State of New Jersey. Two formal moves have brought New Jersey closer to an adult-use industry: Governor Murphy’s Continue Reading
Substantial Increase in US Trademark Fees Will Ring in New Year 2021
If you are considering filing a new trademark application or maintaining an existing registration, you may want to file your submission before the end of 2020. The United States Patent and Trademark Office (USPTO) will increase its fees for trademark applications, post-registration maintenance Continue Reading
Alex Major Contributes Chapter to “Plugged In: Guidebook to Software and the Law”
McCarter partner Alex Major has contributed a chapter to Plugged In: Guidebook to Software and the Law, 2020-2021 edition. The book is a resource for both lawyers and judges, and includes: explanations of how software functions on the Internet and the Cloud, discussions about how software is being Continue Reading
Courts Find Coverage for COVID-19 Business Interruption Losses
Policyholders are hailing two recent victories in their pursuit of insurance coverage for COVID-related business interruption losses. A North Carolina court granted a policyholder summary judgment that a commercial property insurance policy covers business interruption losses resulting from Continue Reading
Delaware Court of Chancery Addresses Breach of Contract and Fraud Claims in Dispute Over M&A Working Capital Adjustment
This opinion from the Delaware Court of Chancery addresses claims involving a post-closing purchase price adjustment in an M&A transaction. The lessons of this case are plain: buyers and their advisors need to pay careful attention to the working capital adjustment provisions in the purchase Continue Reading
Venture Capital & Emerging Growth Companies October 2020 Highlights
Our globally renowned Venture Capital & Emerging Growth Companies team empowers clients throughout the development cycle—from ideation to creation, capitalization, implementation, commercialization, and monetization. Being better together McCarter is proud of our leadership role in the Continue Reading