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In a case of timely significance, the Second Circuit Court of Appeals has recently ruled that pension plan termination premiums are not "claims" subject to being discharged under a Chapter 11 plan, but rather, must be paid in full upon emergence from bankruptcy.
Features
The absolute priority rule is supposed to provide some measure of order and certainty in the world of Chapter 11. But bankruptcy practitioners know that the mere inclusion of the word "absolute" in the rule's name does not make it so.
This article discusses the procedures for assigning Article 9 security interests, the issues highlighted in <i>Clark Contracting Services Inc. v. Wells Fargo Equipment Finance</i>, and the reaction to that decision.
Features
In fiscal year 2008, the EEOC received 2,880 complaints of religious discrimination, up from 1,786 complaints received in 1998. In response to the substantial increase in religious discrimination claims, in July 2008 the EEOC revised its Compliance Manual and published Questions and Answers and Best Practices.
Features
On Feb. 1, 2009, amendments to certain provisions of New York law went into effect that will have a profound effect on the manner in which New York employers review job applications, especially from applicants who have a record of criminal offenses.
Features
The DOL issued its first major overhaul of the FMLA in November. These final regulations, which became effective Jan. 16, 2009, include provisions addressing military leave entitlements created in early 2008 by the National Defense Authorization Act ("NDAA"). The new regulations also update and clarify employer and employee rights and responsibilities under the FMLA. The following are the key changes and suggested steps employers should take to comply.
Features
In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.
Features
Michael Robinson, a senior vice president of a leading crisis communications firm, Levick Strategic Communications, discusses the new business and communications challenges posed by the economic downturn and the role of corporate counsel in preventing and managing crises.
Here is a list of some things that in-house counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act. This list is especially critical for grant neophytes, particularly for-profit companies making their first foray into the grants world.
During the economic downturn, a wealth of economic opportunities may seem like easy money. However, it is important that experienced and new grantees understand that these grants are a far cry from free money. Below is a rundown of some things that counsel may find surprising about the terms and conditions of the grant that a business might hope to receive under the Recovery Act.
