Judge Linares authored for the New Jersey Law Journal an article with tips on how to maximize the Alternative Dispute Resolution experience for clients, both when in person and virtually during the COVID-19 pandemic. Continue Reading
Court of Chancery Confirms No Breach of Fiduciary Duty in Connection with “Contrived” but Genuine Deadlock
In a memorandum opinion issued January 29, 2021, the Court of Chancery held that a defendant LLC manager/majority unitholder of EOS Investor Holding Company, LLC (Holdco), Jonathan Teller, did not breach fiduciary duties or contractual obligations owed to plaintiff, co-member Sanjiv Mehra, by Continue Reading
Suit Limitations Provisions and the Coronavirus Pandemic Anniversary: Keeping Coverage
Wylie Donald authored an article for the Insurance Coverage Law Center discussing the need for insureds to examine business interruption coverage as the first anniversary of the COVID-19 global pandemic approaches. Continue Reading
‘Everyone Wants to Know When Licenses Will Start’: Cannabis Practices See ‘Significant Influx’ of Work
Guillermo Artiles, who leads McCarter’s cannabis group, commented in the New Jersey Law Journal regarding the evolving cannabis landscape in the state. Artiles said the firm worked on $120 million worth of corporate deals last year involving cannabis companies, most of whom were from out of Continue Reading
Navigating COVID-19’s Impact: Advice for Healthcare Clients
Kay Klele spoke with Commerce Magazine, providing advice for healthcare industry businesses navigating the COVID-19 pandemic. Continue Reading
Federal “No Surprises Act” Brings National Oversight of Unexpected Billing for Healthcare Services
Christopher Adams co-authored Federal “No Surprises Act” Brings National Oversight of Unexpected Billing for Healthcare Services in the Spring issue of Garden State FOCUS. Continue Reading
Keep American Businesses Workin’ 9 to 5—Bipartisan Changes to Buy American Requirements in Federal Procurement
Insurance Recovery, Litigation & Counseling Update
As the global pandemic approaches its first anniversary, policyholders that suffered business interruption losses should analyze their insurance policies for any limitation on when they can file suit. Although insurers and some brokers may have advised policyholders that their insurance policies Continue Reading
Delaware Court of Chancery Rejects Proposition That Accounting Principles Must Be Consistently Applied during True-up Process in the Absence of Express Language Requiring Consistency
The Delaware Court of Chancery rejected a purchaser’s efforts to prevent a seller from adopting a method of calculating the post-closing purchase price adjustment that was inconsistent with the seller’s pre-closing accounting practices. In lieu of an apples-to-apples comparison, the court Continue Reading
Exposing and Preventing the Use of Reptile Theory during Jury Trials
McCarter lawyers David Kott, and Natalie Mantell co-authored an article detailing how to handle strategies by the plaintiffs’ counsel in a jury trial that appeal to the “reptilian” portion of the jurors’ brains in an effort to get them to render a verdict based on emotion instead of the evidence and Continue Reading