Loans are renewed for a number of reasons. But when a borrower has an outstanding judgment lien, lenders must be sure that any renewal does not constitute an advance under the Texas Business & Commerce Code that will subordinate the lender's security […]
On May 26, 2015, continuing a springtime ritual for bankruptcy lawyers, the Supreme Court issued its latest "progeny of Stern" ruling on the adjudicative authority of the bankruptcy courts. In a 6-3 decision the Court held that "Our precedents make […]
Funding employee cell phones costs companies thousands of dollars each year. As a result, a company may decide that the cost is too great. However, before making the decision of whether to provide cell phones to employees, a company should take into […]
In Kaymark v. Bank of America, No. 14-1816 (3d Cir. April 7, 2015), the Third Circuit held that a borrower can state a claim for violation of the Fair Debt Collection Practices Act ("FDCPA") when a foreclosing lender alleges incorrect fees as part of […]
On May 6th, the U.S. Equal Employment Opportunity Commission ("EEOC") announced the launch of a pilot program called ACT Digital in 11 of its 53 offices, which allows for the digital transmission of documents between the EEOC and employers regarding […]
As previously reported in an earlier blog post, retailers are under attack in a wave of class actions alleging violations of the Fair Credit Reporting Act. The allegations are essentially the same in all of these suits: that the employer failed to […]
For Banks, the availability of the new .bank extension presents a new and exciting opportunity. It is intended to be a trustworthy name only for qualifying financial institutions. This will allow the public to know they are dealing with a legitimate […]
Section 51.003 of the Texas Property Code provides that when a foreclosure sale results in a deficiency, any person against whom recovery is sought may request that the court in which a deficiency lawsuit is pending determine the fair market value of […]
How would you like to be paid only for work which, in hindsight, unquestionably resulted in a material benefit to your employer? That unsuccessful sales call? Freebie. That account you spent hours trying to collect, but ultimately had to write off? That […]
While Donald Trump’s presidential aspirations and “Celebrity Apprentice” hosting duties make for interesting copy, the most recent news concerning him relates to the bankruptcy case of Trump Entertainment and the interaction between […]
A prior blog post on this site addressed the issue of making sure your company's wellness program complied with EEOC and ADA restrictions on obtaining health and medical information regarding your employees. Since that post, the EEOC has now recently […]
In late March, the U.S. Supreme Court issued its ruling in Young v UPS, determining that UPS may have failed to accommodate a pregnant employee's request for light duty work. Young worked for UPS as a driver, a position that required her to lift up […]