The U.S. Department of the Treasury published a Final Rule (the Rule) on September 15, 2020, revising provisions in the regulations of the Committee on Foreign Investment in the United States (CFIUS) that implement section 721 of the Defense Production Act of 1950, as amended by the Foreign Continue Reading
Assignee Has No Information Rights Under LLC Agreement
SolarReserve CSP Holdings v. Tonopah Solar Energy, LLC, C.A. No. 2020-0064-JRS(Del. Ch. July 24, 2020) Facts: Plaintiff, SolarReserve CSP Holdings, LLC (“SolarReserve”), seeks to compel Defendant, Tonopah Solar Energy, LLC (the “Company”), to produce certain books and records in compliance Continue Reading
New Jersey Court Refuses to Dismiss Policyholders’ COVID-Related Business Interruption Claims, Dealing a Blow to Insurer’s Arguments That Such Claims Cannot Constitute Covered Loss Under a Property Policy
A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v. Franklin Mutual Insurance Co., No. BER-L-3681-20, pending in the Superior Court of New Jersey, Law Division, Bergen County, the policyholders Continue Reading
Minority Shareholders Should Insist on Anti-Dilution Protection
In the case of Jacob Kasher Hindlin v. Lukasz Gottwald et al., case number 2019-0586, in the Chancery Court of Delaware, Plaintiff Jacob Kasher Hindlin brought an action against three former members of Core’s board of managers (the Board) to recover what he believed he was owed by Core. Hindlin Continue Reading
U.S. Entry Restrictions and Immigration Update
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies. U.S. Entry Restrictions U.S. citizens and lawful permanent residents (green card Continue Reading
Court of Chancery Holds Investor Is Not One of the “Fellers”
In a recent opinion by the Delaware Court of Chancery, the court found after a trial on the merits that the plaintiff’s breach of contract claims failed because a joinder agreement adding the plaintiff as a party to a purchase agreement was not executed by all parties necessary to amend that Continue Reading
A Refresher on the Importance of Trademarks and Trade Dress in the Food and Beverage Industry
The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the intellectual property behind a food or beverage product can be a significant factor in Continue Reading
USPTO Launches New Fast-Track Appeals Pilot Program
On July 2, 2020, the United States Patent and Trademark Office (“USPTO”) enacted the Fast-Tack Appeals Pilot Program (“Program”) to expedite the appeal process.1 Under the Program, the Patent Trial and Appeal Board (“PTAB”) plans to issue a Decision within six months from the date the appeal is Continue Reading
Keep Reptile Theory Out of the Courtroom
As defense attorneys, we need to expose the reptile theory. We need to educate the judiciary as to why these tactics are improper before trial so that jurors decide cases based on facts, not fear. To attorneys who defend personal injury or product liability claims, reptile theory is all too Continue Reading
True Colors Shining Through: Update on Protection for Product Packaging and Its Impact on the Nutrition and Food Industry
The nutrition and food industry has long struggled to protect product and packaging designs from competitors and copycats seeking to trade on their looks. But even after committing significant resources to creating a design that will resonate with the public, companies may find it hard to convince Continue Reading