TO SUFFER OR PERMIT: How The Broad Scope Of The Fair Labor Standards Act Is Increasing The Risk Of Doing Business -
2016 is shaping up to be a troubling one for employers subject to the provisions of the Fair Labor...more
6/27/2016
/ Capital Formation ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Joint Employers ,
Operating Agreements ,
Partnership Agreements ,
Small Business ,
Supply Chain ,
Transparency ,
Wage and Hour ,
White-Collar Exemptions
The purpose of a sales contract is to define the parties’ obligations and to optimize outcome if a dispute arises. As such, a contract is a tool to manage risk and prevent loss. The good news is the vast majority of...more
Picture the scene: You have just received word that your customer has filed Chapter 11. You had followed my advice (see article Reducing a Customer’s Accounts Receivable in the Zone of Insolvency), and put the customer on a...more
The 10th U.S. Circuit Court of Appeals issued an important preference decision on August 10, 2015.
What You Need to Know -
Payments to creditors arising from a recent, single business transaction can be protected by...more
On June 15, 2015, the US Supreme Court ruled that a law firm could not recover fees it incurred in defending its own fee application.
THE ASARCO CASE -
The case involved the copper company ASARCO LLC that filed...more
In This Issue:
- The Importance of Accredited Investors for Small Business Capital Formation
- “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard
- A Hunt for Justice Erodes...more
6/12/2015
/ Accredited Investors ,
Angel Investors ,
ASTM ,
Attorney-Client Privilege ,
Capital Formation ,
CERCLA ,
Data Breach ,
Dodd-Frank ,
Drinking Water ,
Due Diligence ,
Economic Development ,
Entrepreneurs ,
Environmental Protection Agency (EPA) ,
Estate Planning ,
Financial Planning ,
Limited Liability Company (LLC) ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Seed Financing ,
Small Business ,
Startups ,
Tax Planning ,
Venture Capital
Many lawyers have written articles about a February 27, 2015 U.S. Court of Appeals (11th Circuit) ruling (In re Maury Rosenberg) against petitioning creditors of an involuntary Chapter 7 proceeding.
INTRODUCTION...more
In a highly regulated environment, it is challenging for U.S. corporations to maintain 100% compliance with each and every law touching them. When issues arise, U.S. corporations rely on the ability to have full and frank...more
Reuters, Bloomberg and Debtwire are all reporting negative financial information about your customer:
"Bond ratings are down-graded, bond prices are falling, a likely “restructuring” to address the bond debt,...more
Adjusting to the “new reality,” many companies have focused on all aspects of their balance sheets to improve performance for stakeholders. Companies have realized that material extensions of credit terms regarding its...more
In this issue:
- Supply Chain Finance as the "New Normal"
- Consumer Financial Protection Bureau Implements Regulations for Covered Mortgage Loans
- Arbitration Guidelines
- Navigating Foreclosure...more
5/21/2014
/ Arbitration ,
Arbitration Agreements ,
Digital Assets ,
DOMA ,
Estate Planning ,
Foreclosure ,
Medical Devices ,
One-Action Rule ,
Patent Litigation ,
Patents ,
SCOTUS ,
Supply Chain ,
US v Windsor
The following is an executive summary of the “need to know” bankruptcy concepts as they impact creditors in business insolvencies.
CHAPTER 11 vs. CHAPTER 7 -
- Chapter 11 is technically used for bankruptcy...more
Introduction -
Adjusting to the “new reality”, many companies have focused on all aspects of their balance sheets to improve performance for stakeholders. Companies have realized that material extensions of credit...more
As Edward Snowden pursues asylum in Russia, the world is reeling in the revelations of the United States’ NSA (National Security Agency) surveillance activities and the US Postal Service’s policy of photographing every “mail...more
10/8/2013
Chapter 11 is known as a forum for reorganizing or selling a financially distressed business. Chapter 11 allows companies to reject burdensome contractual obligations, shed non-core assets and “clean up” the balance sheet by...more
We recently delivered a $382,901 check to a client in payment of a Bankruptcy Section 503(b)(9) claim, known as a “20-day administrative” claim. The claim arose from the client’s pre-petition sale of goods to its customer....more
You are in your office finishing your morning espresso when you receive an email from the CFO of your companies' U.S. subsidiary. Attached to the email is a letter from a U.S. law firm. Instinctively, you know this can't be...more
Originally published in eurofenix - Winter 2012/2013.
David Conaway looks at alternative sources of working capital in US and Canadian insolvencies.
It has been reported that Wal-Mart, the world’s largest retailer...more
We reported to you in detail about the Tousa Bankruptcy Court decision in November, 2009 which found payments to lenders and the grant of associated liens were avoidable as fraudulent conveyances. The impacted Tousa lenders...more
6/18/2012
Almond Products, Inc. A Supply contract may be an absolute defense to a preference claim. A supply contract is an “executory contract”, a bankruptcy term meaning a contract where both parties to the contract owe material...more
6/8/2012
In This Issue:
JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method...more
Setoff a 100% Solution...more
10/25/2011
Chapter 15: International Bankruptcy:
Foreign Debtors Get Green Light to Sue U.S. Companies...more
9/8/2011
In September 2008 Lehman Brothers Holdings Inc. and Lehman Brothers Inc. (collectively, “Lehman”) sold their historically coveted brokerage business to Barclays Capital Inc. Many believe the sale was necessary to prevent a...more
11/11/2010