Holders of Unredeemed Gift Cards Denied Bankpruptcy Priority
November 01, 2016
For some time now, the brick and mortar side of the retail industry has been in financial distress. In 2015 and 2016 alone, brand-name companies such as Sports Authority, RadioShack, Aéropostale, American Apparel, Eastern Mountain Sports and City Sports sought bankruptcy protection. A common question in these cases is how to treat holders of unredeemed gift cards. Are they near the back of the line with other general unsecured creditors, or are they entitled to “priority” payment status under the Bankruptcy Code?
Bit Parts
November 01, 2016
No Sanctions Against Plaintiffs' Counsel for Frivolous Copyright Claim<br>
The New Anti-Bribery Compliance Standard
November 01, 2016
The International Organization for Standardization (ISO) introduced a new standard for anti-bribery compliance, known as “ISO 37001,” in September. This represents a significant step toward the continued development and standardization of international anti-bribery compliance. By the end of the year, companies can obtain an independent certification from a third-party auditor, attesting to the fact that their internal compliance programs conform to ISO 37001 requirements. So is it worth your time? It depends.
Vendor's Reclamation Rights Survive Lien of Post-Petition DIP Loan
November 01, 2016
In <i>In re Reichhold Holdings US</i>, bankruptcy judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender. In doing so, Judge Walrath declined to follow cases from the Bankruptcy Court of the Southern District of New York that held otherwise.
Lower Pay for Women Partners
November 01, 2016
In the face of a glaring pay gap between male and female law firm partners, some firm leaders point to the emphasis on origination credit (bringing in new business) as the key culprit. But moving away from such a model may not be so easy.
In the Courts
November 01, 2016
U.S. District Court Judge Refuses to 'Rubber-Stamp' CFTC Settlement AgreementOn Sept. 22, 2016, Judge William H. Pauley III of the United States…
Partner and Millennial Associates' Performance Expectations
November 01, 2016
“They don't want to work!” It's an all-too-familiar refrain uttered about associates of the millennial generation. As more and more millennials enter the workforce these generational clashes will continue. What can be done to bridge the gap and why should you care?
When Is Employee Hacking a Crime?
November 01, 2016
Employees have found success in defeating CFAA accusations, often by arguing that they did not access a database or other proprietary information without authorization because their login credentials had yet to be revoked. As surveyed below, results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.
Business Crimes Hotline
November 01, 2016
SEC Settles First Stand-Alone Whistleblower Retaliation CaseOn Sept. 29, 2016, the Securities and Exchange Commission (SEC) announced that International…
