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    Debtor in possession charge in priority to Canada Revenue Agency’s deemed trust
    2009-04-29

    TrustIn Canada (Deputy Attorney General) v. Temple City Housing Inc., the Alberta Court of Appeal had to consider an application for leave to appeal a provision in a Companies Creditors Arrangement Act (Canada) (“CCAA”) order granting a DIP lender a charge in priority over the claims of CRA. The claims of CRA consisted of deemed trust claims arising under sections 224(1.2), 227(4) and 227(4.1) of the Income Tax Act (Canada).

    Filed under:
    Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, Dentons, Tax deduction, Involuntary dismissal, Debtor in possession, Civil Rights Act 1964 (USA), Constitutional amendment, Court of Appeal of Alberta
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Doing Business in the United States 2020
    2020-03-13

    The Labor and Employment Group at Hogan Lovells is proud to have contributed to the 2020 version of the firm’s Doing Business in the United States Guide. The Guide provides a high-level overview of the laws and practices important to foreign investors interested in operating in the United States, including recent legal developments.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Patents, Public, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Value added tax, Board of directors, Limited liability company, Limited liability partnership, Money laundering, Sexual harassment, Age discrimination, Internal Revenue Service (USA), Occupational Safety and Health Administration (USA), Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Financial Crimes Enforcement Network (USA), US Department of the Treasury, Foreign Investment Review Board, US DoJ Antitrust Division, Committee on Foreign Investment in the United States, NAFTA, Bureau of Economic Analysis, Civil Rights Act 1964 (USA), Export Administration Regulations (USA), Family and Medical Leave Act 1993 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Worker Adjustment and Retraining Notification Act 1988 (USA), Pregnancy Discrimination Act 1978 (USA), Clayton Antitrust Act 1914 (USA), USA PATRIOT Act 2001, Equal Pay Act 1963 (USA), Uniform Commercial Code (USA), General Agreement on Tariffs and Trade, National Labor Relations Act 1935 (USA), USMCA
    Location:
    USA
    Firm:
    Hogan Lovells
    Keep to the Schedule: How a Failure to List Affirmative Claims in a Debtor’s Schedules Can Preclude Recovery in Future Actions
    2016-06-08

    The preparation and filing of a debtor’s schedules of assets and liabilities is a routine but important aspect of nearly every bankruptcy case. A debtor’s schedules provide critical information to creditors and other parties in interest, the Office of the United States Trustee, and the bankruptcy court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Estoppel, Civil Rights Act 1964 (USA), Title 11 of the US Code
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Applicant's prior bankruptcy permissible basis for refusal to hire in U.S. Third Circuit
    2010-12-28

    The United States Bankruptcy Code prohibits an employer from taking adverse action against an existing employee because of a bankruptcy filing.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Credit history, Bankruptcy, Credit (finance), Discrimination, Employment discrimination, Equal Employment Opportunity Commission (USA), Civil Rights Act 1964 (USA), Third Circuit
    Authors:
    John T. McDonald
    Location:
    USA
    Firm:
    Reed Smith LLP
    Federal prohibition on bankruptcy discrimination does not cover hiring
    2011-06-14

    In Myers v. Toojay's Mgmt. Corp., the Eleventh Circuit held that a federal Bankruptcy Code provision prohibiting termination of and discrimination against employees for filing bankruptcy does not cover hiring decisions. Plaintiff was offered a job as a restaurant manager conditioned upon a background check. The employer rescinded the job offer allegedly because plaintiff had filed for bankruptcy.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Credit history, Bankruptcy, Discrimination, Civil Rights Act 1964 (USA), Eleventh Circuit
    Authors:
    Daniel J. McCoy , Allen Kato
    Location:
    USA
    Firm:
    Fenwick & West LLP
    Interracial marriage supports Title VII association claim
    2008-12-10

    In a case of first impression, the United States Court of Appeals for the Second Circuit recently held that antidiscrimination laws may be violated when a white employee is fired for having a black spouse. In Holcomb v. Iona College, 521 F.3d 130 (2d Cir. 2008), the Second Circuit vacated and remanded a federal district court’s grant of summary judgment in favor of Iona College (the “College”), finding that triable issues existed as to whether the College’s decision to terminate its employee, Craig Holcomb, was based at least in part upon a racially discriminatory motive.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Discrimination, Federal Reporter, Vacated judgment, Voluntary association, Legal burden of proof, Marriage, Remand (court procedure), Prima facie, Civil Rights Act 1964 (USA), Second Circuit, Eleventh Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Interracial marriage supports Title VII association claim
    2008-12-10

    In a case of first impression, the United States Court of Appeals for the Second Circuit recently held that antidiscrimination laws may be violated when a white employee is fired for having a black spouse. In Holcomb v. Iona College, 521 F.3d 130 (2d Cir. 2008), the Second Circuit vacated and remanded a federal district court’s grant of summary judgment in favor of Iona College (the “College”), finding that triable issues existed as to whether the College’s decision to terminate its employee, Craig Holcomb, was based at least in part upon a racially discriminatory motive.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Discrimination, Federal Reporter, Vacated judgment, Voluntary association, Legal burden of proof, Marriage, Remand (court procedure), Prima facie, Civil Rights Act 1964 (USA), Second Circuit, Eleventh Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Doing Business in the United States 2020
    2020-03-13

    The Labor and Employment Group at Hogan Lovells is proud to have contributed to the 2020 version of the firm’s Doing Business in the United States Guide. The Guide provides a high-level overview of the laws and practices important to foreign investors interested in operating in the United States, including recent legal developments.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Patents, Public, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Value added tax, Board of directors, Limited liability company, Limited liability partnership, Money laundering, Sexual harassment, Civil Rights Act 1964 (USA), Family and Medical Leave Act 1993 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Worker Adjustment and Retraining Notification Act 1988 (USA), Uniform Commercial Code (USA), USMCA, Internal Revenue Service (USA), Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Financial Crimes Enforcement Network (USA), US Department of the Treasury, Committee on Foreign Investment in the United States
    Location:
    USA
    Firm:
    Hogan Lovells
    Debtor in possession charge in priority to Canada Revenue Agency’s deemed trust
    2009-04-29

    TrustIn Canada (Deputy Attorney General) v. Temple City Housing Inc., the Alberta Court of Appeal had to consider an application for leave to appeal a provision in a Companies Creditors Arrangement Act (Canada) (“CCAA”) order granting a DIP lender a charge in priority over the claims of CRA. The claims of CRA consisted of deemed trust claims arising under sections 224(1.2), 227(4) and 227(4.1) of the Income Tax Act (Canada).

    Filed under:
    Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, Dentons, Tax deduction, Involuntary dismissal, Debtor in possession, Civil Rights Act 1964 (USA), Constitutional amendment, Court of Appeal of Alberta
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
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