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Delaware Passes Amendments to Delaware’s Corporate Law to Override Judicial Precedents and Simplify Corporate Governance in M&A Transactions.
Changes to the Delaware General Corporation Law (“DGCL”) were signed into law last week by Governor John Carney. SB313 will now take effect on August 1, 2024, and will apply retroactively to all agreements (including merger agreements) made by a Delaware corporation and all agreements and instruments approved by the board of directors of a…
Protecting Your Most Important Asset: Why Trademark Registration Matters
What would you do with an asset with an almost infinite lifespan that symbolizes your company to your customers? And if that asset was your company’s most valuable asset? You’d protect it, of course. If you run a business of any type, you have such an asset: a trademark, often referred to as a brand…
Businesses May Face Challenges in Reauthorization of Wetlands Approvals After NJDEP Decision
Businesses in New Jersey seeking reauthorization of wetlands approvals may now be required to go through the more intensive individual permit process following a unique decision involving a wetlands permit issued to the New Jersey Department of Transportation (NJDOT). While this decision is somewhat unique as it involves a state agency as the permittee, it…
Fine Wine, Cheese and M&A?
Originally posted 1/22/21, no content changes. What do wine and cheese have to do with M&A? Well, unlike fine wine and good cheese, M&A transactions don’t age well (I heard this analogy recently at a TAB Board meeting). M&A transactions are driven by timing considerations, both internal and external. Market conditions continually change and having…
OK at Work: Maryland Requires Pay Transparency
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss Maryland’s move to join the handful of states that require disclosure of compensation ranges in job postings and how that impacts businesses. Listen to learn more.
Excessive Heat Protections for Workers: What Employers Need to Know
It is estimated by the CDC that 1,200 people are killed by extreme heat in the U.S. each year, yet there are only a handful of states that have regulations on the books for extreme heat protections for workers. Just last month, the BBC reported that one in five Americans were under excessive heat warnings….
Figure These Two Things Out Before You Sell Your Business
Originally posted 12/20/2019, no content changes. Your business is in good shape and you’re feeling ready to sell. You have your key value drivers in place: skilled employees, strong sales numbers, a pattern of consistent growth. You’ve assembled an advisory team, conducted a thorough sweep of your organizational records, and eliminated the proverbial skeletons in…
California Labor & Employment Update: PAGA Reform
On July 1, 2024, Governor Newsom signed Senate Bill 92 and Assembly Bill 2288, amending The Private Attorneys General Act (PAGA). The amendments are effective June 19, 2024, but do not affect civil actions that were filed or cases where the required notice to the employer and the Labor Workforce Development Agency (“LWDA”) was submitted…
OK at Work: Court Cases Related to FTC’s Non-Compete Ban
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the latest developments in the court battles related to the FTC’s non-compete ban, which is set to take effect on September 4, 2024.
Supreme Court Overturns Chevron Deference in Landmark Loper Bright Decision
On June 28, 2024, the Supreme Court issued its decision in Loper Bright v. Raimondo and Relentless v. Department of Commerce. As expected, following oral argument, the Court overruled the Chevron deference doctrine in a 6–3 decision written by Chief Justice John Roberts. The doctrine stems from a 1984 Supreme Court case, Chevron U.S.A., Inc….
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