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  • Article

    Delaware Court Rules That Forum Selection Bylaws Are Not Per Se Invalid

    A discussion on whether the board of directors of a Delaware corporation may adopt a bylaw that binds stockholders to bring particular types of causes of action against the corporation or its directors in Delaware.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Summary Of HUD’s LEAN 232 Program E-mail Blast Office Of Residential Care Facilities (ORCF), August 28, 2013

    In an effort to summarize the highlights of the LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey Bill Could Put An End To The Use Of Non-Compete Agreements As We Know It

    The New Jersey Legislature has recently introduced a bill that could drastically limit the enforceability of non-compete, non-solicitation, and non-disclosure agreements that New Jersey employers routinely enter into with their employees.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    High-Cost Loan Preemption: Who Is The Lender In A Table-Funded Loan?

    Massachusetts has enacted a Predatory Home Loan Practices Act (Chapter 183C), which among other things requires that lenders making "high-cost" mortgage loans must (i) obtain a certification that the borrower has received counseling and (ii) reasonably believe that the borrower has the ability to make the scheduled loan payments.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    U.S. District Court In Georgia Considers Effect Of Releases Submitted With Applications For Payment, Notice Requirement As To Extra Work And Defective Specification Claims And No-Damage For Delay Provision

    Pursuant to the subcontract, Duncan was to supply labor and material for the Project’s water distribution system.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Financial Services Alert

    On January 18, 2013, the Consumer Financial Protection Bureau issued a final rule implementing an amendment to the Equal Credit Opportunity Act that revises Regulation B’s provisions regarding appraisals in connection with a consumer’s application for a loan secured by a first lien on a dwelling.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    2014 Proposed Amendments To Delaware’s Alternative Entity Acts

    On April 17, the Corporation Law Section of the Delaware State Bar Association proposed amending the Delaware Revised Uniform Partnership Act.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Business Forum: Overseas Firms Look To U.S. For IPOs

    When China's e-commerce giant Alibaba -- with a valuation that may make it the world's third-largest Internet company behind only Google and Amazon -- made the decision to go public, listing in Hong Kong was its natural first choice.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Assignment Of Rents: Can You Spend Rents And Still Provide Adequate Protection To The Mortgagee?

    In Putnal the debtor proposed to use rents over the objection of an undersecured mortgagee, and as a result, the court was faced with the question of determining what was required to provide adequate protection of the mortgagee's interest in the rents.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Broker Commissions: Trying To Climb The Payment Priority Ladder

    Real estate agents who worked for Grubb & Ellis Co. prior to its bankruptcy sought allowance of their claims for commissions as an administrative expense.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    DOJ, Antitrust Division Speaks Out On Non-Reportable Transactions

    Deputy Assistant Attorney General of Civil Enforcement Leslie Overton gave a speech focused entirely on the Antitrust Division’s enforcement activities.
    United StatesAntitrust/Competition Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    FTC Announces Annual Changes To Thresholds In Clayton Act

    The Federal Trade Commission (FTC) announced the annual changes to the thresholds contained in Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)) and 8 of the Clayton Act (15 USC 18a and 19) (Interlocking Directors).
    United StatesAntitrust/Competition Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    In The Wake Of Phoebe Putney, New York Passes Law Giving Antitrust Immunity To State Health Care System

    Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc.
    United StatesAntitrust/Competition Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Ninth Circuit Affirms District Court’s Refusal To Enforce Arbitration Clause In Barnes & Noble’s Browsewrap Agreement—Conspicuous Hyperlinks To Terms Of Use, ‘Without More,’ Is Insufficient

    E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    $8 Million Independent Contractor Misclassification Class Action Settlement

    In October of 2010, we reported on a federal court decision certifying a class action of adult dancers that performed services at the Penthouse Executive Club in New York City.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    August 2014 Monthly Independent Contractor Compliance And Misclassification Update

    This month’s headline development is the seismic decision concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers in California.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    February 2014 Monthly Independent Contractor Compliance And Misclassification Update

    This instalment includes developments from the courts, on the legislative front, and regulatory matters.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Misclassification Bill Introduced In Congress: The Independent Contractor Tax Fairness And Simplification Act Of 2012 Seeks To Eliminate ‘Safe Harbor’ For Businesses

    Yesterday, December 12, 2012, Rep. Erik Paulsen (R-Minn.) introduced a bill that bears many similarities to a bill introduced earlier this year by 33 Democrats.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Third Circuit Holds That Successor Liability Exists Under The Fair Labor Standards Act

    The Third Circuit held for the first time that a predecessor’s wage-and-hour violations under the FLSA can result in liability for a successor employer.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    U.S. Labor Department Awards $10.2 Million To 19 States To Help Finance Their Crackdown On Independent Contractor Misclassification; Four States Get "Bonus" Awards For Improved Detection Results

    The Department of Labor is funding 19 states’ efforts to crack down on businesses that fail to make unemployment contributions for individuals misclassified as independent contractors.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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