With New York Gov. Andrew Cuomo's executive orders tolling or suspending the state statutes of limitations during the COVID-19 pandemic set to expire Nov. 3, litigants may need to file claims on Nov. 4 depending on whether statutes of limitations have been tolled or simply suspended under the Continue Reading
Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims
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”), leaving open the possibility that a defendant who engages in fraudulent practices in 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
Federal Contractors and Workplace Diversity Training Update: Department of Labor Issues Request for Information Under EO 13950
Last month’s controversial Executive Order, 13950, will require federal contracts awarded after November 22, 2020, to contain a clause by which contractors agree to refrain from inculcating “race or sex stereotyping” or “race or sex scapegoating” (as those terms are defined in the Order) in training Continue Reading
The Delaware Court of Chancery Finds That Fraud May Serve as an Alternate Source of Recovery for Aggrieved Purchasers
Swift Acquisition Corp. v. Krauss, et al., Case No. 2019-0509-PAF (Del. Ch. Aug. 25, 2020)—The Delaware Court of Chancery may permit a purchaser to pursue claims for breach of contract and fraud against a seller and its directors arising out of the purchaser’s acquisition of the seller. The court Continue Reading
Finders Keepers
SEC Proposes to Allow Finders to Receive Transaction-Based Compensation in Certain Limited Circumstances Without Having to Register as a Broker-Dealer In an effort to help small and emerging businesses raise capital, the Securities and Exchange Commission (“SEC”) has proposed a conditional Continue Reading
The Court of Chancery Dismisses Derivative Suit Against TrueCar Officers and Directors, Finding Plaintiffs Failed to Allege Substantial Risk of Liability by a Majority of the Board
Under Court of Chancery Rule 23.1, a stockholder who wishes to bring a derivative claim on behalf of a corporation must “allege with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff desires from the directors [of the company] or comparable authority and the Continue Reading
They’re Here: New Cybersecurity Rules and Requirements Arrive to Haunt Defense Contractors
“Run to the light, Carol Anne. Run as fast as you can!” In an effort to “enhance the protection of unclassified information within the [Department of Defense] supply chain,” and meet its fiscal year 2020 National Defense Authorization Act mandate for the creation of “unified cybersecurity … Continue Reading
The Third Circuit Shares Some Food for Thought on the Bounds of Trade Dress Protection
The overall look of a product – including the look of a snack or a treat – may be entitled to intellectual property protection as “trade dress.” But the protection of the overall look of a product as trade dress is neither unlimited nor absolute. As a federal appellate court – the U.S. Court of Continue Reading
A Rush to Rule: More Trump-Era Agency Actions Destined for a Loss in Federal Court
On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on third-party placement of H-1B workers. The U.S. Department of Labor (DOL) Continue Reading