BANKRUPTCY COURT – If Debtor is Solvent, Default Interest and ‘Make-Whole’ Contract Provisions are Enforced With the impending onslaught of bankruptcies, now is the time to consider the terms in your agreements with those who owe you money. A recent bankruptcy in Texas confirms that: Contract default judgment terms...
REMINDER: CAL/OSHA REQUIRES EMPLOYERS TO POST 2020 ANNUAL SUMMARY OF WORK-RELATED INJURIES AND ILLNESSES BY FEBRUARY 1ST While we would like to eloquently summarize this for you again, the CA Department of Industrial Relations issued a release that does it quite well: If there are problems with how this message...
EMPLOYER GETS INDICTED FOR NO POACHING SENIOR EMPLOYEES AGREEMENTS WITH COMPETITORS Employers rarely get entwined in antitrust actions, but that is exactly what happened on January 7th of this year. The Department of Justice indicted Surgical Care Affiliates LLC, which operates outpatient medical care facilities throughout the country. The indictment...
Bankruptcy: New U.S. Supreme Court Case on Automatic Stay Holding Property To Maintain Status Quo Does Not (Necessarily) Violate Automatic Stay: Bankruptcy courts in most jurisdictions have held over the years that merely keeping property of a debtor after the debtor filed a bankruptcy petition violated the automatic stay provisions...
NEW LANDLORD PROTECTIONS - COVID BANKRUPTCY FILINGS BY TENANTS The newly enacted Consolidated Appropriations Act, 2021 (“CAP”) makes several amendments to the Bankruptcy Code based upon the severe financial hardships suffered by both tenant debtors and landlords as a result of the COVID-19 pandemic. The amendments relate to the deferral...
COVID 19: Business Interruption Insurance Coverage Update Insurers for shuttered businesses have almost uniformly denied claims for business interruption. But, insureds across the country have challenged the denials. Those lawsuits are starting to come to conclusion and while judges have sided with the insurance companies in many cases, restaurants in...
PPP LOANS – ROUND 2 Please note the Eligibility for a loss in revenue is 25 percent for any quarter of 2020. On December 27, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (“PPP2 Act”) came into law, changing rules for Paycheck Protection Program (“PPP”) loans, including...
COVID 19: Should Employers Mandate Employees Take the Vaccine? The first COVID-19 vaccines are being administered and while it may be quite some time before the vaccines will be available to most of us, employers may well want to begin considering whether to have a vaccine policy. Why? In other...
Titan Employers Fight To Keep Employees From Competitors Most employers well know that it takes months (sometimes years) to realize the cost of onboarding new employees and with high level management employees and key employees, the loss can cause significant financial repercussions. Proactive employers typically have confidentiality agreements to protect...
Bankruptcies: Abatement of Rent During the Pandemic 2020 has not been kind to landlords, restaurants, and other segments of the retail industry. Commercial landlords need rents to pay the property taxes, insurance and mortgage, which may be guarantied by the owners of the corporate landlord. Commercial tenants need retail sales...