A federal judge in New York recently invalidated several parts of the U.S. Department of Labor’s (“USDOL”) regulations related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which Congress passed earlier this year as part of the Families First Continue Reading
Another Day, Another Executive Order: Targeting Nonissues in H-1B Hiring Practices
On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the negative impact of the use of H-1B workers. As explained below, it’s a Continue Reading
Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired with NJ Consumer Fraud Act Claims
By David R. Kott 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”). The Supreme Court’s opinion therefore leaves open the possibility Continue Reading
Court of Chancery Upholds Special Litigation Committee’s Privilege against Derivative Plaintiff Tasked with Pursuing Claims
In re Oracle Corp. Deriv. Litig., C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020) On July 9, 2020, the Court of Chancery issued one of its latest opinions in a long-running derivative litigation filed by Oracle stockholders challenging Oracle’s November 2016 $9.3 billion acquisition of NetSuite Continue Reading
Michigan Trial Court’s Recent Denial of Business Interruption Coverage Not Likely to Have Far Reach
Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders – a debate intensified by numerous recent coverage claims arising from COVID-19 forced shutdowns of businesses and social distancing guidelines. Insurers now hail a Continue Reading
Liu v. SEC—Supreme Court Limits SEC’s Ability to Seek Disgorgement
In Liu v. Securities & Exchange Comm’n, No. 18-1501, 2020 WL 3405845 (U.S. Jun. 22, 2020), the United States Supreme Court upheld the ability of the Securities and Exchange Commission (“SEC”) to seek disgorgement as an equitable remedy pursuant to 15 U.S.C. § 78u(d)(5) so long as the amount does Continue Reading
Venture Capital & Emerging Growth Companies June/July 2020 Highlights
Lawyers across McCarter’s practices are working together to help our clients keep or get their businesses up and running while preparing for the “new normal” work environment. Making waves in the legal community We’re proud to announce the New Jersey Law Journal recently named McCarter’s Continue Reading
Book It: Supreme Court Holds Booking.com Is Registrable as a Trademark
How appropriate that the first-ever Supreme Court case to consider whether trademarks used on the internet can be registered should also be the first in which oral argument was conducted remotely. The issue in this historic case is whether Booking.com, the travel reservations website, is entitled to Continue Reading
SBA Revisions Expand Paycheck Protection Program Eligibility and Loan Forgiveness
On June 19 and June 22, 2020, the Small Business Administration (“SBA”) issued new revisions to their First Interim Final Rule concerning the Paycheck Protection Program (“PPP”). The Revised Interim Final Rule and the Revisions to Loan Forgiveness Interim Final Rule (collectively “Revised Rules”) Continue Reading
Confusion Mounts Regarding Bankruptcy Debtor Access to PPP
One Court Reverses Itself and Others Expose Eligibility Loopholes Several recent bankruptcy court decisions reveal that a temporary restraining order prohibiting the Small Business Administration (SBA) from enforcing its rule that a debtor in bankruptcy cannot qualify for a Paycheck Protection Continue Reading