A recent decision by the New Jersey Supreme Court makes this a good time for companies using independent contractors to review those arrangements. In East Bay Drywall v. Department of Labor & Workforce Development, the Supreme Court emphasized that, even when a company has an independent Continue Reading
Congress Considering Bill to Boost Patent Quality
Senators Patrick Leahy and Thom Tillis recently introduced a bill to evaluate the transparency of patent examinations and ultimately improve the quality of patents. The bill requires the comptroller general of the United States to assess and provide information on metrics for patent quality. The Continue Reading
New Bill Seeks to Remove Long-Standing Roadblock to Patent Protection
Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving patent protection. A new bill proposed by Senator Thom Tillis aims to both Continue Reading
Artificial Intelligence and Inventorship: An Expected Decision with Uncertain Consequences
The top U.S. patent court has confirmed what many were expecting in the patent community — that artificial intelligence (AI) is not considered an “individual” according to the Patent Act and thus AI cannot be named as an inventor on a patent. The court’s ruling was the latest roadblock Continue Reading
DE Court of Chancery Denies Challenge to Going-private Merger Based on Business Judgment Rule
In Harcum v. Lovoi, et al., C.A. No. 2020-0398-PAF (Del. Ch. Jan. 3, 2022), the Delaware Court of Chancery dismissed a purported shareholder class’s fiduciary duty claims arising out of a going-private merger. The complaint failed to allege facts capable of establishing a conflict to support an Continue Reading
Court of Chancery Dismisses Breach Claims Based on Rule 8, LPA Terms and Corwin
On February 9, 2022, in a putative class action captioned Walter E. Ryan Jr. v. Buckeye Partners L.P. et al., the Court of Chancery dismissed claims for breach of a limited partnership agreement (LPA), finding that the complaint failed to provide sufficient notice of the legal theories and facts Continue Reading
Connecticut Updates Guidance on PFAS Drinking Water Action Levels
On June 15, 2022, the Connecticut Department of Public Health (DPH) revised its non-binding standards for Per- and Polyflouroalkyl Substances (PFAS)[1]—and also renewed its call for public water systems to test for PFAS and take action to reduce exposures—based on the following drinking water action Continue Reading
Delaware Court of Chancery Pronounces Delaware a “Pro-Sandbagging” Jurisdiction
In Arwood v. AW Site Services, LLC, C.A. No. 2019-0904-JRS (Del. Ch. Mar. 9, 2022; corrected Mar. 10, 2022; amended Mar. 24, 2022) (hereinafter, Arwood), the Delaware Court of Chancery pronounced that Delaware is a “pro-sandbagging” jurisdiction. In the context of acquisitions, “sandbagging” is a Continue Reading
NJ DEP Proposes New “Environmental Justice” Permitting Rules
The New Jersey Department of Environmental Protection (NJDEP) released on June 6 proposed new rules that would implement parts of the Environmental Justice Law, N.J.S.A. 13:1D-157, requiring certain industrial facilities to consider the environmental and public health effects of their operations on Continue Reading
The Court of Chancery Clarifies the Standard for Evaluating Claims Predicated on Acceptance of Allegedly Unfair Compensation
On April 27, 2022, the Delaware Court of Chancery declined to dismiss claims for breach of fiduciary duty arising from the acceptance of allegedly underpriced equity grants. The grants at issue were made to directors and officers of Universal Health Services, Inc. (“UHS” or the “Company”) during the Continue Reading