Third Circuit Revives Challenge to Firm's Debt Collection Practices
May 02, 2015
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.
The 2015 Employer Mandate Is Here
April 02, 2015
The year 2015 is here ' in fact, the first quarter of 2015 has already flown by ' and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice.
Judicial Oversight of Corporate Deferred Prosecution Agreements
April 02, 2015
A recent decision could have the potential to alter DOJ's policy on deferred prosecution agreements; the create critical uncertainty for white-collar defense practitioners; and raise interesting questions about the role of the judiciary in corporate criminal negotiations and settlements.
Recent NLRB Actions
April 02, 2015
Over the last few years, the NLRB has dramatically expanded employee rights to engage in "protected concerted activity" by limiting employers' use of many standard employment policies and practices. Now, the NLRB is implementing sweeping changes to the decades-old representation election process, making it faster and easier for unions to organize the workplace.
House Proposes Tax Reform Plan
April 02, 2015
In an attempt to raise revenues and simplify the tax code, the House Ways and Means Committee has proposed a draft tax reform plan containing sweeping changes to the Internal Revenue Code (the Code), including a number of major executive compensation and benefits changes. The most significant of those could be the elimination of deferred compensation and nonqualified pensions.
Post-Divorce Cash Flow and Financial Workability
April 02, 2015
Once a stipulation of settlement is entered into or a divorce has been finalized, courts are reluctant to change the terms. If a client complains that he or she was uninformed, made a poor financial decision, or did not properly handle the assets post-divorce, the likelihood of modification or reformation is, at best, slim.
ABI Bankruptcy Reform
April 02, 2015
The ABI Commission recently recommended decimating the concept of adequate protection for cash flow lenders and protecting their interest only to the extent of foreclosure value. According to the authors, this recommendation has no regard for the fact that cash flow loans are predicated on a sale of the business as a going concern or the practical difficulty in attempting to choose a value based on a hypothetical sale.
