An important consideration during discovery in any complex litigation is ensuring documents designated as “confidential” under a governing Discovery Confidentiality Order actually meet governing law and the Order’s definition of “confidential.” Last week, the District of New Jersey issued a decision that serves to remind both counsel and litigants that a party cannot use a Discovery Confidentiality Order to shield routine business communications, even if they are harmful, uncomfortable, or embarrassing.» Read More

At 880 pages, the Coronavirus Aid, Relief, and Economic Security (CARES) Act covers a lot of ground, offering COVID-19 relief and benefits to a broad swath of the population. Among its significant provisions are those related to workers’ retirement funds. Specifically, the CARES Act makes employee-favorable changes to existing law regarding:

1. Early Withdrawals;
2. Loans; and
3. Required Mandatory Distributions (RMDs)

While a detailed analysis of prior law and all changes made by virtue of the CARES Act is beyond the scope of this blog post, in general terms, the prior guidance and the newly enacted changes are summarized below.» Read More

On Monday, March 16, 2020, a prominent New Orleans restaurant became the first business nationwide to file suit against an insurance carrier for losses sustained as a result of the novel coronavirus (“COVID-19”). In Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s of London, et al.» Read More

On October 22, 2019, the House of Representatives passed the Corporate Transparency Act of 2019 which requires the U.S. Department of the Treasury within one year to issue regulations to “carry out this Act.”

The Act requires each newly formed corporation and each newly formed limited liability company, unless specifically exempt, to file a report with the Financial Crimes Enforcement Network (“FinCEN”) disclosing the beneficial owners of those entities.» Read More

What is privileged when you have to interview your corporate client’s CEO, or a security guard, or a manager, or even former employees? Does the attorney-client privilege apply to your interview? Is the employee your client? Does the work-product privilege apply?» Read More

Does your small to mid-size enterprise or start-up company handle the personal information of European Union (“EU”) citizens? Do you have plans to expand your business to handle a wider range of customer personal information in the future? Listen up, because missteps in complying with data privacy laws have huge consequences.» Read More

Whether you are selling your business, bringing on an investor, hiring an outsourcing provider, or making some other commercial arrangement, you must think about protecting your business’ confidential information. One way to do this is with a non-disclosure agreement (NDA). Before you speak with someone outside of your company about a possible business relationship, having them sign an NDA will help prevent them from disclosing or using your information, while also permitting you to speak freely with them.» Read More

Legal due diligence is most often discussed in the context of merger and acquisition transactions.  This makes sense; when a person or business seeks to purchase another business entity, it is prudent to know exactly what is being purchased.  However, due diligence is often overlooked in other, less obvious, contexts.» Read More

I want to thank you for following our blog and to let you know that we are expanding the focus of this blog to General Business Law.

Through this change, we hope to provide insights into several additional areas of the law such as corporate law, M&A, finance, and regulated industries just to name a few.  » Read More

The City of Allentown announced yesterday that it will be hosing a “Retail Mosaic” Competition, which is a Shark Tank-like competition that is aiming to open 10 new retail locations in Allentown. The winners of the competition will receive up to $15,000 in loans.» Read More