On the Move
November 21, 2008
Who's doing what; who's going where.
Health-Care Cases
November 21, 2008
In Part One of this article, the authors discussed the issues of whether the Debtor is a "health-care business," if an ombudsman must be appointed, and if you should seek to prevent it. This month, the authors discuss the question, "What if HHS seeks to affect Medicare reimbursements or exclude the Debtor from a federal health-care program?
Agreements for Future Relief from Automatic Stay
November 21, 2008
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"
Labor Relations and the Supreme Court
November 21, 2008
This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.
No Rehire and No Comment Clauses in Severance Agreements
November 21, 2008
Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.
As the Economy Stumbles, Employment Discrimination Claims Climb
November 21, 2008
The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.
The ADA Amendments Act
November 21, 2008
On Sept. 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. This update to the Americans with Disabilities Act ("ADA") and will take effect on Jan. 1, 2009. Here's what it means to your practice.
