On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the negative impact of the use of H-1B workers. As explained below, it’s a Continue Reading
Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired with NJ Consumer Fraud Act Claims
By David R. Kott The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The Supreme Court’s opinion therefore leaves open the possibility Continue Reading
Definitions Matter: Indirect Equity Holder of Delaware LLC not Bound by ROFR
In this case, the Delaware Supreme Court—in Borealis Power Holdings Inc. v. Hunt Strategic Utility Investment, L.L.C., Del. Supr., No. 68, 2020 (May 22, 2020)—addressed whether a minority shareholder in the parent company of another entity that owned a minority stake in LLC was subject to that Continue Reading
Valuing COVID-19 Business Interruption Loss: Considering Post-Event Economic Activity
Coronavirus has turned the world topsy-turvy. Lockdowns compel the citizenry to stay home, require stores to close, prohibit gyms from opening, and so forth. The world we live in today is unlike any in our experience. American businesses have suffered enormous losses. The governmental orders that Continue Reading
How COVID-19 Has Impacted Broadway Productions
Matthew Windman writes about how the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be Continue Reading
Court of Chancery Upholds Special Litigation Committee’s Privilege against Derivative Plaintiff Tasked with Pursuing Claims
In re Oracle Corp. Deriv. Litig., C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020) On July 9, 2020, the Court of Chancery issued one of its latest opinions in a long-running derivative litigation filed by Oracle stockholders challenging Oracle’s November 2016 $9.3 billion acquisition of NetSuite Continue Reading
Risks, Reefs, and Wrecks: Charting a Course Through the Perils of Covered Telecommunications Equipment and Services
Applying Insurance Coverage to Vandalism, Fires and Theft
There is good news for businesses damaged during the riots — insurance may cover your losses. During the days and weeks following the death of George Floyd at the hands of Minneapolis police officers, protests erupted in every state across the country. Although most of these protests remained Continue Reading
Coronavirus and Your D&O Policies
While the world took a “we’re all in this together” approach in the early days of the COVID-19 crisis, the prolonged economic and human impacts are driving some investors to sue. Claims that a company could have done more, earlier, or better in dealing with COVID-19 are likely to increase. Board Continue Reading
The Show Must Go On: Legal Issues Affecting Broadway Amid COVID-19
Matthew Windman writes about legal issues affecting the Broadway theater industry as a result of COVID-19 shutdowns, including insurance coverage, contract duties and defenses, union jurisdiction, the duty to provide refunds for cancelled performances, copyright infringement, health and safety Continue Reading