As the oil and gas industry continues to struggle in the face of the ongoing decline of commodity prices, a recent decision of the United States Bankruptcy Court for the Southern District of New York may have offered a glimmer of hope to upstream producers, while creating more uncertainty for Continue Reading
NJ’s Trust Code: The Major New Substantive Features
This is the fourth in a series of articles that explores New Jersey's version of the Uniform Trust Code, which will take effect on July 17. p.L. 2015, c. 276, section 4. This segment addresses the major new developments in the Trust Code, including the directed trust provisions (akin to an Continue Reading
Will Arbitration Clauses in Consumer Contracts Become Extinct?
Arbitration has long been favored by parties fearful of litigation costs and the unpredictability of runaway juries. Congress enacted this pro-arbitration federal policy in the 1925 Federal Arbitration Act (FAA). See generally 9 U.S.C. § 2. Section 2 of the FAA mandates that arbitration Continue Reading
New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies
The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail” coverage claims. In Viking Pump, Inc. v. TIG Insurance Co., the Continue Reading
Health Law Insights Newsletter – Issue 9
McCarter & English, LLP’s Health Care Group presents Issue 9 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL Medicare Proposes New Part B Payment SystemProviders Prepare for Potential Doubling of FCA PenaltiesU.S. Supreme Continue Reading
Product Recalls and Insurance: Considerations to Maximize Covered Expenses
Berries. Walnuts. Wholesome. Healthy. But not when they may be contaminated with harmful bacteria. Grocery store chain Publix announced a voluntary recall on May 10, 2016 of its cranberry nut and seed mix. Publix learned of the potential listeria monocytogenes contamination when it Continue Reading
Food Products: How Plain Packaging Could Make Counterfeiting Easier
As society becomes ever more health conscious, demand has grown for more information - including ingredients and warnings - about the products that we consume. In response, government agencies worldwide are considering regulations to help raise awareness of the risks or health concerns involved with Continue Reading
Deciding Whether to Seek Leave to File an Interlocutory Appeal
The considerations discussed in this article can assist you and your client in deciding whether to seek leave to appeal from an interlocutory order. When you receive an adverse interlocutory trial court ruling, it can be difficult to objectively evaluate the likelihood of success on a motion for Continue Reading
Demand Refused Rule 23.1 Explained by the Delaware Court of Chancery
In a recent decision out of the Delaware Court of Chancery – Friedman v. Maffei et al., C.A. No. 111105-VCMR – the court’s second-newest member, Vice Chancellor Montgomery-Reeves, dismissed a proposed derivative complaint on the grounds of the rarely invoked test under Chancery Rule 23.1 for Continue Reading
How the Cloud Can Help Shape Law Firms’ Data Security Efforts
Data breaches, like lawyers in Washington D.C., are everywhere. Nobody is above attack — hotels, retailers, film studios, tryst-sites, even the ASPCA all have been targets. Therefore, it comes as no surprise that, according to the 2015 ABA Legal Technology Survey Report, 15% of law firms have Continue Reading