The Small Business Administration (SBA) violated federal law by imposing conditions for loans under the Paycheck Protection Program (PPP) that were not enacted in the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, P.L. 115-136 (CARES Act), Judge David Thuma has held.
Establishing the judicial estoppel defense against a bankrupt plaintiff will be harder in the Eleventh Circuit following Smith v. Haynes & Haynes P.C., 940 F.3d 635 (11th Cir. 2019).
Rounding out the festivities in Washington, D.C., OFCCP Director Pat Shiu addressed attendees on the closing morning of the 32nd Annual ILG National conference. Keeping to the conference theme of “Learning from the Legacy, Focusing on the Future,” Director Shiu’s remarks centered around the “unfinished business of America” to address issues
Recently, the Federal Trade Commission (“FTC”) filed a limited objection in bankruptcy court to the proposed sale of assets of ConnectEdu, Inc. (“ConnectEdu”) on the grounds that the company’s privacy policy protecting customer personal information had potentially not been complied with.
A long-struggling company’s failure to issue written notice to its employees 60 days in advance of shutting down operations, as required by the Worker Adjustment and Retraining Notification (“WARN”) Act, is excused by the Act’s “unforeseeable business circumstances” exception, the federal appeals court in New Orleans held. Angles v. Flexible Flyer Liquidating Trust, 2013 U.S. App. LEXIS 2850 (5th Cir. Feb. 11, 2013).
Coal is down. That’s not news to anyone who pays the even the slightest attention to the industry. Peabody Energy Corp., the largest U.S. coal mining company, just filed for Chapter 11 bankruptcy protection, following the path taken by Arch Coal, Inc., Alpha Natural Resources, Inc., Patriot Coal Corp.
Citing the threat of future insolvency, a New Jersey Teamsters Local Pension Fund has applied to the U.S. Treasury Department for permission to reduce by 40 percent the vested member benefits in the Fund.