The fact that an entity to be acquired is going through a bankruptcy process does not change the filing requirements under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). However, if the entity is going through a bankruptcy under Section 363(b) of the Bankruptcy Code (11 U.S.C. §363(b)), the HSR process is governed by a 15-day waiting period, as opposed to the 30-day waiting period that applies to transactions that are not occurring under Section 363(b) of the Bankruptcy Code.
On January 10, 2014, the Hon. George R. Hodges, United States Bankruptcy Court for the Western District of North Carolina, handed down a decision that promises to be a “game changer” for asbestos manufacturers facing potentially crushing mesothelioma death claims.
California Courts have discretion to award attorneys’ fees to a prevailing defendant in a trade secrets action where the commencement or continued prosecution of a trade secrets action is in bad faith. We have blogged about this issue twice previously.
We recently wrote about the many failures of health insurance co-ops created under the Affordable Care Act (“ACA”), and the impact of those failures on providers and other creditors, consumers, and taxpayers.
A growing number of health insurance co-ops or “consumer operated and oriented plans” created under the Affordable Care Act (“ACA”) are shutting down on their own initiative or on orders of state regulators because of their precarious financial condition. The failed co-ops include, among others, those in Colorado, Kentucky, Louisiana, Nevada, New York, and South Carolina, as well as one serving Iowa and Nebraska.
Introduction
On July 27, 2009, the U.S. Court of Appeals for the Ninth Circuit held that a corporation's managers can be held personally liable under the Fair Labor Standards Act ("FLSA") for wages that the corporation failed to pay to employees prior to the employer's filing for bankruptcy. This opinion serves as a cautionary reminder of the risks managers potentially face when a corporation files for bankruptcy and has failed to pay its employees for all wages earned prior to the filing.
This article appeared in the Dec. 9, 2009, issue of Lodging Law newsletter.
The economic meltdown has left many hospitality development projects in a ditch, but as 2010 approaches, some hospitality real estate projects may be ripe for new life. Pursuing distressed assets may offer a tremendous upside to developers, but the unforeseen downsides can devastate the effort if they are ignored at the front end of the deal. Some of these unforeseen downsides include: