Patricia Anderson Pryor
Employers who take action because there are rumors that a certain employee is "crazy," "psycho" or "nuts" often find themselves the subject of an Americans with Disabilities Act ("ADA") lawsuit facing claims that they regarded the individual as mentally disabled. What's an employer to do?
Features
ALM Staff
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Law Journal Newsletters
State rulings of interest.
ALM Staff
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Law Journal Newsletters
Recent rulings of interest to you and your practice.
Features
Joseph F. Savage, Jr.
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Abigail K. Hemani
An analysis of the Second Chance Act of 2007, Pub. L. No. 110-199, 122 Stat. 657 (2008), which provides opportunities for white-collar offenders to reduce the amount of time spent in prison.
Features
Stanley S. Arkin, Peter B. Pope
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Barrett N. Prinz
After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.
Features
Laurence A. Urgenson
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Jason P. Hernandez
In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. <i>United States v. Stein.</i> This article discusses the case in depth.
ALM Staff
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Law Journal Newsletters
Who's going where; who's doing what.
Patrick M. Cox
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Robert J. Stark
As part of making distributions to allowed claimants of a bankrupt entity, a liquidating trustee must decide the best way to handle potential outstanding tax liabilities. This article discusses the benefits of Section 505.
Michael L. Cook
The Tenth Circuit held on July 15, 2008, that a major creditor with a seat on the debtor's board of directors and a 10.6% equity interest was not an insider in a bankruptcy preference suit. As shown in this article, the decision contains a road map for corporate insiders on how to avoid preference liability.
Ben Gonzalez
Despite all the recent media attention focused on bankruptcy concerns among the domestic three automakers, we do not anticipate any domestic OEM filing for bankruptcy protection. However, we anticipate increased bankruptcy activity within the supplier base in the latter part of 2008 and into 2009.
