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    Corporate officer held personally liable for bankrupt corporation’s unpaid sales taxes
    2010-07-13

    In an interesting twist on a run-of-themill case regarding the personal liability of a corporate officer for unremitted sales taxes, the New York State Division of Tax Appeals held an owner (“Petitioner”) personally liable for sales tax even though the corporation was in Chapter 11 bankruptcy and was being run by a bankruptcy court-approved management company. In re Eugene Dinino, Docket Nos. 822605, 822606, 822607, 822608, 822609, 822610 (N.Y.S. Div. of Tax App. June 24, 2010).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Tax, Eversheds Sutherland (US) LLP, Bankruptcy, Debtor, Breach of contract, Fiduciary, Liability (financial accounting), Debtor in possession, Title 11 of the US Code, Administrative law judge, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    FTC challenges consummated acquisition previously approved by bankruptcy court
    2010-12-27

    On December 1, the Federal Trade Commission (“FTC”) issued an administrative complaint challenging Laboratory Corporation of America’s (“LabCorp”) consummated acquisition of rival Westcliff Medical Laboratories, Inc. (“Westcliff”). The FTC alleged that the acquisition, which was completed in June, would substantially lessen competition among providers of capitated clinical laboratory testing services to physician groups in Southern California.

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Intermediate scrutiny, Federal Trade Commission (USA), Health maintenance organization, Administrative law judge, United States bankruptcy court
    Authors:
    Richard C. Park , Damon Kalt
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Code blue: NLRB judge finds hospitals’ e-mail and IT policies infirm under the NLRA
    2013-05-03

    Recently, an NLRB administrative law judge ruled that two policies maintained by subsidiaries of the University of Pittsburgh Medical Center (“UPMC”) violated Section 8(a)(1) of the National Labor Relations Act.  See UPMC, Case No. 6-CA-81896, 4/19/13. Specifically, ALJ David Goldman found that the hospitals’ electronic mail and messaging and acceptable use of information technology resources policies impermissibly interfered with employees’ Section 7 right to engage in protected concerted activity.

    Filed under:
    USA, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, National Labor Relations Board (USA), NLRA, Administrative law judge
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    No costs allowed to petitioner who challenged a sales tax assessment
    2011-12-05

    A New York State Administrative Law Judge has denied an application for costs and fees filed by a petitioner who had succeeded in substantially reducing the asserted tax liability through settlement. Matter of Frank M. Grillo, DTA No. 823237 (N.Y.S. Div. of Tax App., Nov. 3, 2011). The decision turned on whether the position of the Department of Taxation and Finance was substantially justified, and that, in turn, depended upon whether the Department had used the correct address when it sent the Notice of Determination to the petitioner.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Tax, Morrison & Foerster LLP, Title 11 of the US Code, Administrative law judge, Chief operating officer, United States bankruptcy court
    Authors:
    Hollis L. Hyans
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Fourth Circuit affirms dismissal of reorganization case due to commercial tenant’s bad faith litigation tactics
    2007-06-20

    The Fourth Circuit, on June 15, 2007, affirmed the dismissal of a Chapter 11 reorganization petition filed by a tenant debtor in a commercial lease dispute. Maryland Port Administration v. Premier Automotive Services, Incorporated (In re Premier Automotive Services, Incorporated), ___ F.3d ___, 2007 WL 1721951 (4th Cir. 6/15/07).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Injunction, Landlord, Leasehold estate, Interest, Federal Reporter, Good faith, Bad faith, Westlaw, Title 11 of the US Code, Administrative law judge, United States bankruptcy court, Fifth Circuit, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Don't lose your pants: dry cleaner's closing illustrates need for proper insurance
    2007-09-21

    Residents of the nation’s capital recently were captivated by a bizarre tale that began when a local administrative law judge allegedly lost his pants – literally. The ALJ claimed his dry cleaner lost the pants and filed suit claiming $67,000,000 in damages under consumer protection statutes. Although the dry cleaner successfully fought the suit, doing so took more than two years and cost more than $100,000 – costs for which the dry cleaner was not insured.

    Filed under:
    USA, Insolvency & Restructuring, Reed Smith LLP, Consumer protection, Underwriting, The Washington Post, Administrative law judge
    Location:
    USA
    Firm:
    Reed Smith LLP
    Chapter 11 petition filed days before expiration of holdover tenancy constitutes ‘bad faith’
    2007-11-14

    The U.S. Court of Appeals for the Fourth Circuit has upheld the dismissal of a debtor’s chapter 11 petition filed two days before for the expiration of a holdover, at-will tenancy, finding that the debtor’s lack of good faith in filing the petition constituted cause for dismissal. Maryland Port Admin. v. Premier Auto. Svcs., Inc. (In re Premier Auto. Svcs., Inc.), 492 F.3d 274 (4th Cir. 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Injunction, Leasehold estate, Federal Reporter, Good faith, Bad faith, Sovereign immunity, US Code, Constitution, Administrative law judge, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Chapter 11 does not prevent loss of liquor license
    2008-07-31

    In Go West Entertainment, Inc. v. New York Liquor Authority (In re Go West Entertainment, Inc.),1 the United States Bankruptcy Court for the Southern District of New York refused to extend the automatic stay or to utilize its other injunctive powers to prevent state regulatory authorities from revoking a debtor’s liquor license.

    Filed under:
    USA, New York, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Title 11 of the US Code, Administrative law judge, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Chapter 11 does not prevent loss of liquor license
    2008-07-31

    In Go West Entertainment, Inc. v. New York Liquor Authority (In re Go West Entertainment, Inc.),1 the United States Bankruptcy Court for the Southern District of New York refused to extend the automatic stay or to utilize its other injunctive powers to prevent state regulatory authorities from revoking a debtor’s liquor license.

    Filed under:
    USA, New York, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Title 11 of the US Code, United States bankruptcy court, Administrative law judge
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
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