Part II of this series focused on the first element of section 1112(b)'s dismissal test: whether "cause" exists for the court to dismiss or convert the case. Once the judge determines that cause exists, the court must dismiss or convert […]
The media has been aflutter over the past few months about the importance of basic protective measures that technology users should implement on their electronic devices. Recent headlines have revealed serious invasions of privacy—including leaked […]
In the aftermath of the Enron scandal and the Great Recession, Congress passed broad legislation to purportedly address corporate malfeasance, including the Dodd-Frank Act in 2010. The Dodd-Frank Act, in conjunction with the Sarbanes-Oxley Act, contains […]
When foreclosing on property pledged as collateral for a loan, many banks have a practice of submitting a credit bid that is substantially less than the fair market value of the property. These bids are often calculated based on a fixed percentage of […]
One of those cases involving Whole Foods Market Group will continue past the motion to dismiss stage. On March 30, Senior Federal Judge Richard A. Lazzara in the Middle District of Florida (Tampa Division) refused to dismiss the case, based on the […]
The new DOL same-sex rule that took effect this week under the Family and Medical Leave Act has been temporarily halted from enforcement. On March 26, the United States District Court in Dallas issued a preliminary injunction against application of […]
Beginning in 2010, numerous lawsuits were filed against automated teller machine ("ATM") operators in Texas asserting violations of the Electronic Funds Transfer Act ("EFTA"). The EFTA protects consumer accounts established primarily for personal, […]
The U.S. Department of Labor recently finalized a rule to extend the protections afforded by the Family Medical Leave Act to married same-sex couples. The new "place of celebration" rule allows all legally married couples, whether traditional same […]
With the 2015 tax filing season upon us, it is important that bankers understand their reporting and filing obligations under the federal income tax laws upon discharge of debt. Generally, for debt that was forgiven during 2014, a creditor should have […]
The 2015 NCAA Men’s Division I Basketball Tournament, affectionately referred to as “March Madness,” begins today. The NCAA Tournament garners millions of viewers and advertising dollars. This event brings two issues to the forefront for employers […]
Practitioners usually state that the limitations period for bringing suit on a promissory note is four years. This view is based on Texas Civil Practice and Remedies Code § 16.004(a)(3) which provides that a person must bring suit on an action for […]
The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is "whether Article III of the United […]