Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Asset purchaser is subject to successor liability for FLSA judgment, despite specific disclaimer of liability
    2013-06-12

    Teed v. Thomas & Betts Power Solutions, LLC, (7th Cir., No. 12-2440, Mar. 26, 2013)

    CASE SNAPSHOT

    Filed under:
    USA, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Fair Labor Standards Act 1938 (USA), Seventh Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Seventh Circuit extends FLSA successor liability to asset purchaser
    2013-03-27

    The U.S. Court of Appeals for the Seventh Circuit became the second federal appellate court to extend successor liability under the FLSA to an asset purchaser. In Teed et al, v.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Fair Labor Standards Act 1938 (USA), Seventh Circuit
    Authors:
    Ben H. Bodzy , Lawrence S. Eastwood , Megan Sutton
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Let Me Be Clear: Fifth Circuit Holds Generic Plan Release Language Lacks Specificity to Discharge Creditor’s Claims Against Officer of the Debtor
    2016-02-01

    When it comes to releases, plan proponents generally agree the broader the better.  But when plan proponents include far reaching and all-encompassing language in hopes of securing a release for every possible claim under the sun, they sometimes overlook the very claims for which they may actual want a release.  This was the case in a recent decision, 

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Fair Labor Standards Act 1938 (USA), Fifth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Ninth Circuit Court of Appeals finds that individual managers of a bankrupt corporation can be held liable for employees' unpaid wages
    2009-07-29

    The Ninth Circuit Court of Appeals held on July 27, 2009 in Boucher v. Shaw that individual managers of a bankrupt corporation can be held liable to the corporation's former employees for unpaid wages under the federal Fair Labor Standards Act ("FLSA").

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Wage, Bankruptcy, Class action, Debt, Fair Labor Standards Act 1938 (USA), Chief executive officer, Chief financial officer, Supreme Court of the United States, Ninth Circuit, Nevada Supreme Court
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Ninth Circuit: managers can be liable for unpaid wages upon bankruptcy
    2009-08-04

    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.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Epstein Becker Green, Wage, Bankruptcy, Debtor, Federal Reporter, Liability (financial accounting), Fair Labor Standards Act 1938 (USA), Chief executive officer, Chief financial officer, Ninth Circuit, Fifth Circuit, First Circuit, Nevada Supreme Court
    Authors:
    Betsy Johnson
    Location:
    USA
    Firm:
    Epstein Becker Green
    Company's bankruptcy does not prevent personal liability for wage violations
    2009-08-14

    Companies in severe financial distress often seek refuge in bankruptcy. However, while bankruptcy may offer the company-debtor protection against claims of unpaid wages, it does not insulate individual officers, directors and managers from personal liability under the Fair Labor Standards Act ("FLSA") for such claims. InBoucher v.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Wage, Bankruptcy, Debtor, Economy, Summary offence, Casino, Bankruptcy discharge, Fair Labor Standards Act 1938 (USA), Chief executive officer, Chief financial officer, Ninth Circuit
    Authors:
    Dan Ko Obuhanych
    Location:
    USA
    Firm:
    Fenwick & West LLP
    As corporate bankruptcies rise, so do lawsuits against managers
    2009-09-22

    In today's difficult economic climate, a growing number of companies have been forced to consider or even file for bankruptcy. Such filings may result in a stay of legal claims against the company, including those brought by current or former employees under the Fair Labor Standards Act (FLSA). But according to the Ninth Circuit, a company's filing for bankruptcy does not protect its individual executives and managers from potential liability under the FLSA.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Wage, Bankruptcy, Shareholder, Debtor, Federal Reporter, Trade union, Economy, Bankruptcy discharge, Fair Labor Standards Act 1938 (USA), Supreme Court of the United States, Ninth Circuit, First Circuit, Nevada Supreme Court
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Bankruptcy sales and successor liability: beware of attacks on so-called “free and clear” sales
    2013-06-20

    Buyers of assets through the bankruptcy court process seek comfort and solace in the entry of a sale order providing for the transfer of assets “free and clear” of all liabilities. Except for those liabilities expressly assumed by the buyer and new owner, the bankruptcy court order typically includes exacting and precise language transferring those assets, under the imprimatur of the United States Bankruptcy Court, free and clear of all liabilities.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Liability (financial accounting), Fair Labor Standards Act 1938 (USA), Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Alexander M. Laughlin , John T. Farnum
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Sanjel (USA) Inc. - Chapter 15 creditors may challenge reach of stay in recognition order
    2016-10-24

    A recent decision by the United States Bankruptcy Court for the Western District of Texas in In re Sanjel (USA) Inc.,et al., Case No. 16-50778-CAG (Bankr. W.D. Tex. July 29, 2016) explains that in a Chapter 15 case, the U.S. bankruptcy court will not always apply the law of the foreign jurisdiction to U.S. creditors and U.S.-based claims.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Statute of limitations, Fair Labor Standards Act 1938 (USA), United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    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

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days