Payments to Investors in a Securitization Structure Protected from Avoidance
August 02, 2015
The Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in the two-tiered securitization structures commonly employed in commercial CMBS transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e).
Abercrombie Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie</I>. The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
Can Cooperation Expose a Company to a Defamation Claim?
August 02, 2015
A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the DOJ, the SEC and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.
Uncovering the Inner 'Intrapreneur' in Law Firms
August 02, 2015
One of the most pervasive impacts on law firms is the need for sustained continuous change. Change is never easy. Continuous change is harder and particularly so in conservative profession like law. Here enters the business case for law firm intrapreneur programs!
Understanding and Avoiding Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.
Med Mal News
August 02, 2015
Discussion of a case in which the TX Medical Board's restrictions on telemedicine brought on a lawsuit.
How Do You Know When Your Loss Ensues?
August 02, 2015
This two-part article provides an overall review of ensuing loss provisions and their application by courts across the United States. In Part One, we discussed, among other things, Specific Exclusions. This month, we continue the discussion about Faulty Workmanship Exclusions.
Take Credit for Your Work: ROI for Marketing Directors
August 02, 2015
How much money should firms spend on marketing? Instead of simply choosing a percentage based on conventional wisdom, this article shows you three simple calculations to use when you're trying to determine how much money your firm should spend on marketing.