Writings by Ken Hollenbeck

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

The FTC and DOJ’s Antitrust Division recently published draft 2020 Vertical Merger Guidelines The Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division recently published draft 2020 Vertical Merger Guidelines for public comment. According to the agencies, the new guidelines outline their analytical techniques, practices, and enforcement policy for vertical mergers that raise antitrust […]

NJ Legislature Recently Passed Assembly Bill 5604, Which Increases the Tax Credit Provided for Qualified Investments under the New Jersey Angel Investor Tax Credit Act The New Jersey Legislature is working to attract more “angels” to the state. It recently passed a bill, Assembly Bill 5604, that increases the tax credit provided for qualified investments […]

Under a recent decision by the Supreme Court of New Jersey, businesses can pursue contribution claims under the Spill Compensation and Control Act (Spill Act) prior to the conclusion of the New Jersey Department of Environmental Protection’s (NJDEP) enforcement efforts. In Magic Petroleum v. ExxonMobil, the specific question before the court was whether the doctrine […]

The Administrator of the U.S. Environmental Protection Agency (EPA) executed an advanced notice of proposed rulemaking (ANPR) on May 9, 2014. The ANPR seeks public comment on whether the EPA should collect and publicly disclose information on hydraulic fracturing chemicals. The public will have 90 days to submit comments. The ANPR seeks to obtain input […]

Last month, a New York federal judge ruled that Apple conspired to raise the retail price of e-books in violation of U.S. anti-trust laws. “Apple seized the moment and brilliantly played its hand,” said Judge Denise Cote. “It provided the Publisher Defendants with the vision, the format, the timetable, and the coordination they needed to […]