New York recently enacted the New York Paid Family Leave Law (PFL), which will require New York employers to fund a new state family leave program that is broader reaching than the federal Family and Medical Leave Act (FMLA) in benefits provided and employee eligibility. The PFL program will apply Continue Reading
Delaware Court of Chancery Upholds Continuous Ownership Rule in Dismissing Derivative Claims of Mismanagement
In re Massey Energy Co. Deriv. & Class Action Litig., C.A. No. 5430-CB (Del. Ch. May 4, 2017), Bouchard, C. The Delaware Court of Chancery granted the defendants’ motion to dismiss the complaint based on the continuous ownership rule. Despite the plaintiffs’ characterization of their claims Continue Reading
Litigation at Your (Terms of) Service
The year was 1981. “The People’s Court,” “Hill Street Blues” and “Dynasty” all premiered on network television. The price of a first-class stamp rose from 15 to 18 cents. New York City’s Metropolitan Transportation Authority introduced a spiffy brass token with a “Y” cutout in it to cover the Continue Reading
SCOTUS Issues Another Decision Affecting Parties Who Attempt to Collect on Debts
The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). Justice Gorsuch, in his first written opinion as an Associate Justice Continue Reading
“We meant what we said” – U.S. Supreme Court Continues to Rein In Personal Jurisdiction
This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific jurisdictional theories. The opinions in BNSF Railway Co. v. Continue Reading
Venture Capital Firms and Founders Should Heed Delaware Court Decision
Venture capital firms and founders of companies should take note of a recent important ruling from the Delaware Court of Chancery. In a case of first impression, the court rejected a venture capital firm’s effort to employ Section 204 of Delaware General Corporation Law (DGCL) to ratify an amendment Continue Reading
Manufacturers’ Association Insurance Company v. Johnson Matthey, Inc.: Multiple Trigger Doctrine and Impacts to Superfund Litigation
In this article, Candee Wilde speaks on the recently held decision on Pennsylvania Manufacturers’ Association Insurance v. Johnson Matthey where the holding identified latent environmental contamination as falling within an exception to the longstanding rule that CGL occurrence insurance policies Continue Reading
Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This point is illustrated by the U.S. Court of Appeals for the Second Circuit’s Continue Reading
District of Delaware Ruling Reminds Parties of the Danger of Narrow Arbitration Provisions
In a May 16, 2017 ruling, the United States District Court for the District of Delaware affirmed the order of the bankruptcy court denying a party’s motion to compel arbitration. In doing so, the District Court adhered to traditional rules of contract interpretation in holding that the Continue Reading
Appraisal Arbitrage Risk: Delaware Court Finds Fair Value to be Lower than Merger Price
On May 30, 2017, the Delaware Court of Chancery delivered a rare opinion, stating an appraisal price may be lower than a merger price, to a plaintiff recognized as an appraisal arbitrager. In re Appraisal of SWS Group, Inc. arose out of the January 1, 2015, acquisition of SWS, a financially Continue Reading