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
Michigan Trial Court’s Recent Denial of Business Interruption Coverage Not Likely to Have Far Reach
Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders – a debate intensified by numerous recent coverage claims arising from COVID-19 forced shutdowns of businesses and social distancing guidelines. Insurers now hail a Continue Reading
Court: COVID-19 Is a Natural Disaster
The Pennsylvania Supreme Court has issued an opinion that provides helpful language policyholders and their counsel will likely cite in support of arguments for insurance covering business interruption losses related to the COVID-19 pandemic. In Friends of DeVito, et al. v. Tom Wolf, Governor, et Continue Reading
How USPTO Examiner Type Affects Patents: Part 3
Patent procurement at the U.S. Patent and Trademark Office is affected by the type of examiner. We gathered data from the LexisNexis PatentAdvisor patent prosecution analytics database for each year from 2009 to 2019, for examiners in each of eight nondesign Tech Centers Continue Reading
Shaking up the Fundamental Laws of US Internet
A recent executive order threatening to end certain protections for social media platforms has received a lot of attention, but there are other internet-related developments that the general public may have missed. The movement to shake up the fundamental laws of the internet predates the current Continue Reading
Supply Chain Resiliency Post-COVID-19
The COVID-19 outbreak and its effect around the world has required businesses, nations, logisticians, and other stakeholders to develop more nimble supply chain strategies based on lessons learned throughout the pandemic. Ronald Leibman of McCarter and Melissa Ouari of Marks Paneth co-authored an Continue Reading
Liu v. SEC—Supreme Court Limits SEC’s Ability to Seek Disgorgement
In Liu v. Securities & Exchange Comm’n, No. 18-1501, 2020 WL 3405845 (U.S. Jun. 22, 2020), the United States Supreme Court upheld the ability of the Securities and Exchange Commission (“SEC”) to seek disgorgement as an equitable remedy pursuant to 15 U.S.C. § 78u(d)(5) so long as the amount does Continue Reading
Venture Capital & Emerging Growth Companies June/July 2020 Highlights
Lawyers across McCarter’s practices are working together to help our clients keep or get their businesses up and running while preparing for the “new normal” work environment. Making waves in the legal community We’re proud to announce the New Jersey Law Journal recently named McCarter’s Continue Reading
Book It: Supreme Court Holds Booking.com Is Registrable as a Trademark
How appropriate that the first-ever Supreme Court case to consider whether trademarks used on the internet can be registered should also be the first in which oral argument was conducted remotely. The issue in this historic case is whether Booking.com, the travel reservations website, is entitled to Continue Reading
SBA Revisions Expand Paycheck Protection Program Eligibility and Loan Forgiveness
On June 19 and June 22, 2020, the Small Business Administration (“SBA”) issued new revisions to their First Interim Final Rule concerning the Paycheck Protection Program (“PPP”). The Revised Interim Final Rule and the Revisions to Loan Forgiveness Interim Final Rule (collectively “Revised Rules”) Continue Reading