With private sector union representation at historic lows – just 6.7% of the workforce – many employers have given little thought to how they would respond to a union organizing petition. However, two legal developments, one a year old and the other soon to be implemented, demonstrate the need for Continue Reading
Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy
Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy. Although the precise terms of CGL policies vary, under some policies covered Continue Reading
New Jersey’s Trust Code: Creation, Validity and Types of Trusts
Private Equity Funds Liable for Portfolio Company’s Pension Obligations
A U.S. District Court issued a ruling on March 28 that affects pension liabilities for private equity funds and their portfolio companies. Taken further, the ruling potentially changes fundamental rules for tax-qualified plans in determining how far a controlled group of employers may extend. The Continue Reading
Exploring OSHA’s New and Increased Enforcement Initiatives
2016 brings two notable changes from the Occupational Safety and Health Administration (OSHA) that will impact the construction industry: 1) increased penalties for Occupational Safety and Health Act (OSH Act) violations; and 2) an expansion of the Worker Endangerment Initiative, an OSHA enforcement Continue Reading
Joint-Defense Groups: Not Always Equal, But Should Always Be Joint
Madden NFL Lawsuit Gets Sent Back to the Locker Room
On Monday, March 21, the Supreme Court of the United States declined to hear arguments in Electronic Arts v. Davis, a case originating from the Ninth Circuit. This was bad news for the petitioner, Electronic Arts (EA), who was seeking to strike the complaint under California’s anti-SLAPP Continue Reading
Infringing Lasagna? 3-D Printing Risks Innovative Restaurants Already Use The Technology – But Is It All Protected IP?
There are lots of risks in the restaurant business: bad food, unruly patrons, defective furniture. Fortunately, copying a recipe claimed by someone else is not one of them. Judges regularly close the courthouse doors on such claims, which, as a result, are few and far between. Until, that is, 3-D Continue Reading
Health Law Insights Newsletter – Issue 7
McCarter & English, LLP’s Health Care Group presents Issue 7 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL Providers’ Obligation to Report Medicare Overpayments Clarified in New RuleNew Core Clinical Quality Measures Released Continue Reading
New Jersey Adopts the Uniform Trust Code: Something Old, Something New, Something Borrowed, But What Does it Mean for You?
In a flurry of legislation approved in January, New Jersey enacted its version of the Uniform Trust Code on Jan. 19. P.L. 2015, c.276. It will take effect 180 days after enactment--July 17. The Trust Code is derived from the model Uniform Trust Code (UTC) promulgated by the National Conference of Continue Reading