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Article
Fractional Remainder Interest: Sale Will Thwart Grantor’s Estate Planning Objectives – Who Cares?
The chapter 7 trustee in an individual debtor case asked for court approval to sell the debtor's one-quarter remainder interest in a residential property.
United StatesInsolvency/Bankruptcy/Re-Structuring
Pepper Hamilton LLP
Article
A Cure For Antitrust Standing?
Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories.
United StatesAntitrust/Competition Law
Pepper Hamilton LLP

Article

Obtaining Early Dismissal Of Shareholder Derivative Actions

U.S. District Judge Robert Sweet of the Southern District of New York has recently issued a potentially groundbreaking opinion dismissing a number of shareholder derivative suits against officers and directors of Facebook Inc. in In re Facebook IPO Securities and Derivative Litigation, MDL No. 12-2389, 2013 U.S. Dist. LEXIS 19631.

United StatesCorporate/Commercial Law

Pepper Hamilton LLP

Another Logistics And Delivery Company Found To Have Misclassified Its Drivers As Independent Contractors

The use of independent contractors in the logistics and home delivery industry has suffered another legal setback.

United StatesEmployment and HR

Pepper Hamilton LLP

New York State Signs Agreements With U.S. Department Of Labor To Partner In Preventing Independent Contractor Misclassification; 15th State To Join Federal Misclassification Initiative

Earlier today, November 18, 2013, the Wage and Hour Division of the U.S. Department of Labor entered into a Partnership Agreement with the Labor Bureau of the New York State Office of Attorney General and a similar Agreement with the New York State Department of Labor.

United StatesEmployment and HR

Pepper Hamilton LLP

November 2013 Monthly Independent Contractor Compliance And Misclassification Update

◾A Massachusetts federal court approved on November 26, 2013 a $10.0 million settlement in a class action lawsuit against CleanNet USA Inc., who was alleged to have violated Massachusetts independent contractor law by misclassifying employees as independent contractor "franchisees."

United StatesEmployment and HR

Pepper Hamilton LLP

Progress Report On DoD’s Adoption Of Renewable Energy Sources Shows Positive Signs

The Pew Charitable Trusts issued a report this month on the progress of the Department of Defense in meeting its renewable energy goals – goals set over a period of years through various means, including legislation.

United StatesEnergy and Natural Resources

Pepper Hamilton LLP

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), June 26, 2013

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this quick synopsis of the latest LEAN update.

United StatesFinance and Banking

Pepper Hamilton LLP

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), September 26, 2013

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this quick synopsis of the latest LEAN update.

United StatesFood, Drugs, Healthcare, Life Sciences

Pepper Hamilton LLP

Government’s Lack Of ‘Consultation On Consultation’

The Government’s new approach to consultation has received mixed reviews.

United StatesGovernment, Public Sector

Pepper Hamilton LLP

Administrative Priority For Post-Petition, Pre-Rejection Lease Indemnification Obligations

The Bankruptcy Code creates a series of priorities that dictate the order in which claims are paid.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Affiliates And Insiders: Is A Limited Liability Company A Corporation (And Who Cares)?

A preference defendant sought to amend its answer more than 21 months after the answer was filed to deny its "insider" status.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Assignment Of Rents: Absolute May Not Be So Absolute – Round 2

In jurisdictions where courts hold that an absolute assignment of leases and rents can totally and finally divest a debtor of its interest in rents, a bankruptcy is probably not feasible unless the debtor's principals have very deep pockets.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Bidders Beware: Collusion To Control Sale Price Is Subject To Sanctions

In Gildea, the bankruptcy trustee claimed that a group of insiders colluded with the purchaser of the debtor’s assets at a Section 363 auction to control the sale price.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Credit Bid (Round 2): What Does It Take To Show "Cause"?

In connection with a proposed sale of real property, a chapter 11 debtor sought to prohibit the mortgagee from submitting a credit bid.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Deed In Lieu: Sometimes It Works, And Sometimes It Doesn’t (Round 1)

In "West Grand" the debtor attempted to have a deed in lieu of foreclosure set aside as a fraudulent conveyance, and the main question left for the court to answer, was whether the debtor received reasonably equivalent value in exchange for the deed in lieu.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Failure to Negotiate Mortgage Note: "Strong Arm" Powers With A Twist

A chapter 7 trustee sought to use his "strong arm" powers as a hypothetical judgment lien creditor, arguing that a mortgage could be avoided because the mortgagee was not entitled to enforce the note secured by the mortgage.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Financial Institution Payments: When Is A Preference Not A Preference?

Shortly before filing bankruptcy, the debtor made a ~$376 million payment to a financial institution in its capacity as trustee for a group of noteholders in order to repurchase the notes.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Fraudulently Conveyed Property: Part Of The Bankruptcy Estate And Subject To The Automatic Stay (Or Not)?

A bankruptcy trustee claimed that $9 million held in escrow was fraudulently transferred property that could be recovered through an avoidance action in bankruptcy, and consequently constituted property of the bankruptcy estate that was subject to the automatic stay.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Golf Fees As Cash Collateral: Strike Three You’re Out

Cash collateral is defined in the Bankruptcy Code as including cash, negotiable instruments, deposit accounts, or other cash equivalents in which both the bankruptcy estate and another entity have an interest.

United StatesInsolvency/Bankruptcy/Re-Structuring

Pepper Hamilton LLP

Showing 441–460 of 826 results

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