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Lowenstein Sandler LLP


New FINRA Rule 1230(b)(6): operations professionals must register and pass an examination

USA - July 26 2011 On June 16, 2011, the SEC approved new FINRA Rule 1230(b)(6

Annual VCOC certification

USA - March 17 2011 As a condition to investment in a venture fund or a private equity fund, an ERISA plan investor may require the fund to provide an annual venture capital operating company, or VCOC, certification stating that the fund qualifies as a VCOC and is deemed not to hold "plan assets" subject to ERISA

The rise of the “good guy” guarantee in commercial leasing transactions

USA - July 2 2012 In an uncertain market where landlords face the difficult balance between the need to offer favorable leasing terms to prospective tenants while protecting against the growing number of tenants experiencing economic hardship causing them to wind down their businesses, the concept of a “good guy” guarantee has become far more prevalent in leasing transactions, and thus the focus of much more scrutiny and discussion during lease negotiations

FINRA Rule 5131: what fund managers and broker-dealers should think about before May 27, 2011

USA - April 12 2011 On May 27, 2011, FINRA Rule 5131, New Issue Allocations and Distributions, becomes effective

How to protect your brand in the .xxx domain name extension

USA - June 23 2011 September 2011 will mark the formal launch of the recently approved .XXX domain

When the government comes knocking, remember to review your D&O policy

USA - September 9 2013 No company, director or officer likes it when the government comes knocking with a subpoena, Wells Notice or similar regulatory investigation

New Jersey appellate division clarifies that six-year limitations period applies to Spill Act contribution claims

USA - September 4 2013 On August 23, 2013, the New Jersey Superior Court, Appellate Division, clarified that a six-year statute of limitations applies to contribution

Recently enacted New Jersey laws address pay inequality and employee privacy

USA - September 4 2013 An amendment to the New Jersey Law Against Discrimination (“NJLAD”) now prohibits New Jersey employers from retaliating against an employee who

Delaware Chancery Court rejects merger price as measure of fair value in appraisal rights cases: professional investors' recovery is not limited to merger price

USA - July 26 2013 As demonstrated by Carl Icahn's recent announcement in connection with the acquisition of Dell Inc., professional investors are increasingly

NJ Supreme Court to employers: even an employee who is wrong about "discrimination" is protected by NJLAD retaliation provisions

USA - July 25 2013 Last week, in Battaglia v. United Parcel Service Inc., No. A-8687-11, the New Jersey Supreme Court held, among other things, that employee