Natural gas customers are cruising down the road buoyed by historically low natural gas commodity prices, but around the corner lurks the toll of higher costs of pipeline transportation. Despite a competitive supply market, all consumers will see their bills rise. The nation will rely increasingly Continue Reading
Health Law Insights Newsletter – Issue 11
Additional Regulatory Hurdles for Private Equity Advisers
The private equity industry should carefully consider the implications of a recent Securities and Exchange Commission ("SEC") enforcement action. In it, the SEC, for the first time, sanctioned an SEC-registered private equity advisory firm for failing to register also with the SEC as a broker for Continue Reading
Coal Plant Shutdowns: Operators Need to Manage Community Relationships
Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for defamation. The ACLU comes in to defend the group members. It sounds like Continue Reading
NJ’s Trust Code: Litigation and Other Issues
This fifth in a series of articles explores New Jersey's version of the Uniform Trust Code that takes effect on July 17. P.L. 2015, c. 276, section 4. This segment explores Trust Code provisions relating to litigation or disputed administration of trusts. These provisions should be considered by Continue Reading
Delaware Supreme Court Defers to the Court of Chancery’s Fact-Finding and Witness Credibility Determinations
In a recent decision out of the Delaware Supreme Court—CDX Holdings, Inc. v. Fox, C.A. No. 526, 2015 (Del. June 6, 2016)—Justice Holland, writing for the majority, affirmed a Court of Chancery post-trial decision that found that a company’s board of directors failed to fairly value option holders’ Continue Reading
Prenuptial Agreements: Beyond the Basics
Most family law practitioners know the ins and outs of drafting and negotiating prenuptial agreements. But, how do they handle more complex issues that arise when representing a diverse set of clients, each with his or her own unique goals concerning the protection of assets, whether acquired Continue Reading
Health Law Insights Newsletter – Issue 10
Food Product Recalls – Are You Covered?
Food and beverage recalls, regardless of the reason, continue to proliferate in the news cycle. At the end of May General Mills issued a recall of 10 million pounds of flour due to a potential link to an outbreak of E. coli that has sickened nearly 40 people in 20 states since December 2015. A few Continue Reading
Developers Win Latest Round in Wetlands Battle
How wet must water be to be considered “navigable” and thus subject to regulation by the Army Corps of Engineers? And, for the purposes of land development, who gets to decide? For decades, as the result of a hodgepodge of rules, regulations, statutory law and conflicting court decisions, Continue Reading