The threat of a borrower’s bankruptcy always hangs over lenders’ attempts to foreclose on real property.

In 2002, the collapse of National Century Financial Enterprises, one of the nation’s largest healthcare lenders, suddenly left dozens of hospitals without financing and touched off a wave of hospital bankruptcies throughout the country.

The popularity of social-networking sites such as Facebook, Twitter, MySpace, and LinkedIn calls for a fresh look at consumer litigation and privacy issues related to social network postings.

January 2008 rang in new laws governing gift cards and gift certificates. While some items remain the same, changes have been made. As a retailer, these changes impact you.

On July 20, 2011, the Federal Reserve published its controversial "Regulation II" (12 C.F.R. § 235.1 et seq.) on debit card interchange fees and routing, a regulation that implements the "Durbin Amendment" (Section 1075 of Dodd-Frank).

It is an immutable rule of economics that when business conditions change, someone gets hurt. This is as true in the health care industry as it is anywhere else, and the financial basis for the delivery of health care in the United States is experiencing more attention and regulatory revision than at any time since the introduction of Medicare in 1965.

Own a trademark registration covering goods or services that have become obsolete due to technological advances?

Banks generally have several reasons for wanting to exit TARP, including the substantial cost of the 5% pre-tax dividend rate (rising to 9% in 2-3 years), restrictions on dividends and buybacks and potential liability for improper usage or disclosures relating to TARP.

Forbearance agreements serve an important role in the lender-borrower relationship, especially in current credit market conditions.

The Patient Protection and Affordable Care Act ("PPACA") became law on March 23, 2010. Since then, one of the provisions generating the most discussion and interest among health care providers is the Shared Saving Program ("SSP").

One of the first decisions made when forming a new corporation is the choice of the state in which to incorporate. In theory, a new business can be incorporated in any one of the fifty states.

Like any other asset, intangible assets such as trademarks, require maintenance to ensure that they retain their value and serve their intended function.

Financially distressed businesses must not only navigate the minefields of potential foreclosure or debt restructuring, but may also be confronted with significant tax liabilities at the worst possible time.

The California Supreme Court in Gattuso v. Harte-Hanks Shoppers, Inc. recently addressed whether an employer may satisfy its obligation to reimburse employees for employment-related expenses by paying increased wages and/or commissions instead of separately reimbursing them for actual expenses.

When negotiating the letter of intent or business term sheet, most people focus on financial aspects such as the rent, tenant improvement allowances, CAM expenses, and security deposits.

Known as a bedrock principle in chapter 11 cases, the "absolute priority rule" serves as an important protection for creditors.

California is one of several states that still prohibits the corporate practice of medicine. In its most basic form, the corporate practice ban prohibits lay entities from providing medical services to the public through the employment of physicians.

Creditors doing business with entities they suspect are on the verge of filing for bankruptcy protection need to be aware that they may be required to return the payments received from that entity within the 90 days preceding a bankruptcy filing.

Beginning January 1, 2012, the California Transparency in Supply Chains Act of 2010, or "S.B. 657," will require retail sellers and manufacturers "doing business" in California to post certain disclosures on their websites.

On August 19, 2009 the California Division of Labor Standards Enforcement issued an Opinion Letter stating that an employer having significant economic difficulties will not violate the "salary basis" of its exempt employees by temporarily reducing the work schedules of those exempt employees from five days to four days per week, with a corresponding reduction of 20 percent to their weekly salary.