The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine
June 02, 2017
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
DOL Issues Final Regulations on Disability Benefits Claims Procedures
June 02, 2017
On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by ERISA that provide for disability benefits (the "Final Rule"). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
Financing Rolling Stock: Luxembourg Rail Protocol Steams Ahead
June 02, 2017
Cross-border trade and international law regimes are all affected by the Luxembourg Rail Protocol to the Cape Town Convention (the Cape Town Convention on International Interests in Mobile Equipment (the Convention)), which is well known to those experienced in aircraft financing. Like the Hague Securities Convention, the Cape Town Convention was sponsored by UNIDROIT (the International Institute for the Unification of Private Law), an intergovernmental organization whose mission is to harmonize international laws.
Bank Liability for Federal Housing Act Violations
June 02, 2017
A discussion of a case in which the United States Supreme Court faced a claim by the City of Miami that two banks had violated the federal Fair Housing Act by issuing loans to black and Latino customers on terms less favorable than loans issued to similarly situated customers who were white and non-Latino.
'I Can't Get No Satisfaction' — Or Can I?
June 02, 2017
<b><I>How Lawyers Can Maximize Job Satisfaction</I></b><p>Multiple studies suggest that lawyers are among the least satisfied of all professionals. What many lawyers fail to realize, however, is that satisfaction is not as elusive as it seems. If you are among the majority of attorneys who fall somewhere below 85% on the satisfaction scale, you can do something about it.
Defamation and the Disgruntled Defendant
June 02, 2017
<b><I>Anti-SLAPP Legislation and the Defamation Claim</I></b><p><b><I>Part Two of a Two-Part Article</I></b><p>In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.
Stick to the 'Plain Meaning'
June 02, 2017
<b><I>Interpreting Lease Contract Terms</I></b><p>The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing
Healthcare Bankruptcy: Not Garden-Variety
June 02, 2017
For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.
Enhancing Lateral Partner Opportunities and Compensation
June 02, 2017
You are a partner in a law firm and you have decided to make a lateral move. You want it to be the right move to a better platform. Where do you start and how do you maximize the likelihood of a successful outcome? The more you are prepared to answer and ask questions, the greater the likelihood this next move will be an optimal one for you and the firm you are joining.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
June 02, 2017
<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article in last month's issue addressed perhaps a dozen trust provisions and evaluated how to strengthen them to provide greater protection for a future divorce of a beneficiary. We conclude this discussion herein.
