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  • 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
  • Article

    What Second Obama Term Could Mean For Employers

    With President Obama taking the oath of office this month, employers and human resources professionals are asking what a second term under an Obama administration will mean for them.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Worker Classification Issues Are Raised By Affordable Care Act Proposed Regulations

    Several comments filed by various industry groups on proposed regulations issued in January by the Internal Revenue Service have focused on worker classification ambiguities that are embedded in the "common law" standard for distinguishing between "common law employees" and bona fide non-employee service providers.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    EPA Draft Vapor Intrusion Guidance Is Now Subject To Public Comment

    A discussion on the draft general guidance on methods of addressing indoor vapour intrusion from contaminated soil and groundwater plumes released by the Environmental Protection Agency.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    How Are We Doing? The Mercury Story

    The EPA’s recently released 2013 Report on Children’s Health and the Environment in America concluded that the median concentration of total mercury in the blood of U.S. child-bearing age women is 0.8 millionths of a gram per liter.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Agencies Adopt Final Rule Implementing Key Elements of Volcker 2.0

    On August 20, 2019, two of the agencies responsible for implementing the Volcker Rule finalized amendments to the Rule that narrow and simplify the proprietary trading prohibition
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Federal Reserve Releases Details Of Main Street Lending Program

    On May 28, the Federal Reserve published the structural and operational details of the Main Street Lending Program, releasing program documentation and updated FAQs.
    United StatesFinance and Banking
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), January 28, 2014

    In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) 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
    Pepper Hamilton LLP
  • Article

    CFIUS Jurisdiction Continues To Expand

    In 2020, boards of directors will continue to face an evolving landscape in reviews of foreign investment by the Committee on Foreign...
    United StatesGovernment, Public Sector
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    TikTok: Familiar Issues, Unfamiliar Responses

    This case neatly illustrates one of the known risks of CFIUS review: while filing for review of an acquisition is voluntary, CFIUS remains free to conduct a review post-closing if no filing is made.
    United StatesGovernment, Public Sector
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Bankruptcy Purchasers Beware: Do Not Take For Granted That Your Sale Will Be " Free And Clear"

    A chapter 7 bankruptcy trustee requested court approval of a sale of vacant land to a bank that held a first lien on the property, with the sale to be "free and clear" of the junior liens of two judgment creditors.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Debtor Beware: Strict Enforcement Of Contract Terms May Go Both Ways

    Equitable concepts and considerations frequently play a significant role in disputes tried before a bankruptcy court.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Entireties Property, Etc.: Who Can Grab The Rents?

    An individual debtor owned commercial real estate with his wife as tenants by the entireties and co-owned rental properties with his son as tenants in common.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Equitable Subrogation: "Complete And Perfect Justice" Requires Party To Be Without Fault

    A lender that attached the wrong legal description to its recorded mortgage sought equitable subrogation and/or reformation of the mortgage to obtain a first priority lien.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Foreclosure: Will A Last Minute Sale Survive?

    A couple of hours before the Cooks filed a chapter 13 bankruptcy case, their home was sold at a foreclosure sale as the final step in a foreclosure of the first mortgage.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    LLC Member: Is A Pre-Bankruptcy Expulsion Vulnerable To Attack?

    Prior to bankruptcy, a chapter 11 debtor who had been a member of two limited liability companies was expelled by the other members on the basis that he took excess distributions from the LLCs.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgage Legal Descriptions: When Is A "Boo-Boo" Fatal (Round 1)?

    A discussion on the description of legal mortgages.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgagee Relief: "Cause" Is In The Eye Of The Beholder – Round 2

    A mortgagee moved to dismiss two Chapter 11 bankruptcies that were filed by its mortgagors to prevent a scheduled foreclosure sale.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Of Sales And Leases: Can A Bankrupt Landlord Sell Free And Clear Of A Tenant’s Interest?

    A discussion on the interaction between a sale free and clear of interests under Section 365(f) of the Bankruptcy Code and a tenant's right to retain possession under Section 365(h) of the Bankruptcy Code when a debtor landlord rejects the lease in a case where the debtor sold its assets.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Options For An Underwater Mortgagee: The Mysteries Of An 1111(B) Election

    A chapter 11 debtor’s plan of reorganization placed two secured creditors in the same class. (No one objected to this classification.)
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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