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Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection
2020-06-02

Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy. Please note that this advisory focuses specifically on a Chapter 11 bankruptcy (pursuant to which a business will be reorganized) rather than Chapter 7 bankruptcy (pursuant to which a business will be liquidated).

Filed under:
USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Coronavirus, Title 11 of the US Code, Equal Employment Opportunity Commission (USA), NLRB
Authors:
William W. Kannel
Location:
USA
Firm:
Mintz
View Original Article
Doing business in the United States 2021
2021-01-15

Doing business in the United States

2021

2

Hogan Lovells

Doing business in the United States 2021

3

Contents

Introduction1

I.Openness of U.S. markets to foreign investment

2

II.Direct or indirect market entry and choice of entity

8

III. Commercial contracting

20

IV.Labor and employment law considerations

26

V.Immigration laws

34

VI.Intellectual property laws

40

VII. Export control and economic sanction laws

46

VIII. U.S. antitrust laws

56

Filed under:
USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Fair Labor Standards Act 1938 (USA), Foreign Corrupt Practices Act 1977 (USA), CARES Act 2020 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), US DoL, NLRB, Microsoft, Committee on Foreign Investment in the United States
Location:
USA
Firm:
Hogan Lovells
View Original Article
Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
2017-10-02

The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common in the global economy—courts disagree as to whether the Bankruptcy Code’s avoidance provisions apply extraterritorially to avoid the transfer and recover the transferred assets. A pair of bankruptcy court rulings handed down in 2017 widened a rift among the courts on this issue.

Filed under:
USA, Insolvency & Restructuring, Litigation, Jones Day, Equal Employment Opportunity Commission (USA)
Authors:
Charles M. Oellermann , Mark G. Douglas
Location:
USA
Firm:
Jones Day
View Original Article
Deepening the Divide: Court Rules That Bankruptcy Code’s Avoidance Provisions Do Not Apply Extraterritorially
2017-04-13

The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common in the global economy—courts disagree as to whether the Bankruptcy Code’s avoidance provisions can apply extraterritorially to avoid the transfer and recover the transferred assets. A ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York widens a rift among the courts on this issue. In Spizz v. Goldfarb Seligman & Co.

Filed under:
Global, USA, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Extraterritoriality, Title 11 of the US Code, Equal Employment Opportunity Commission (USA), United States bankruptcy court
Authors:
Charles M. Oellermann , Mark G. Douglas
Location:
Global, USA
Firm:
Jones Day
View Original Article

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