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On the Move
November 22, 2011
Who's doing what; who's going where.
Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims
November 22, 2011
In a recent opinion issued in the Chapter 11 case of <i>In re Lemington Home for the Aged</i>, the Third Circuit revived claims of breach of fiduciary duty and deepening insolvency against directors and officers of a nonprofit Pennsylvania corporation.
Successor Liability
November 22, 2011
An asset sale under section 363(f) of the Bankruptcy Code is becoming an increasingly popular mechanism to improve a company's financial condition as an alternative to a traditional plan of reorganization.
The Mighty Sword of PACA in Bankruptcy
November 22, 2011
Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").
Recent Cases Illustrate That Family Law Is Fascinating
November 15, 2011
Three recent cases, one in Tennessee and two in Florida, are discussed for no reason other than that they are interesting.
Statistically Distinguishing Between Active and Passive Appreciation
November 15, 2011
When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.
AAML Child Custody Evaluation Standards
November 15, 2011
The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.
Employer Found Liable for Harassment By Client
November 15, 2011
In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.
'Ban the Box' Legislation
November 15, 2011
Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Which State's Anti-Discrimination Law Applies?
November 15, 2011
For multistate employers, which state's law applies? Is it where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt?

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