Uber hires "independent contractors" to serve as drivers, while it's software (in particular, it's cell phone apps) serves as the dispatch center and handles payment. It is an innovative use of technology, and it has been very successful to date. […]
From time to time it has proved beneficial to revisit existing bankruptcy statutes, and update them where necessary. The American Bankruptcy Institute established the Commission to Study the Reform of Chapter 11 (the “Commission”) for this precise […]
As we move past Thanksgiving, many companies will hold parties to celebrate the holiday season. These parties are a great morale booster and provide a means to recognize outstanding employees, as well as celebrate and give thanks for your company’s […]
Many employers have adopted dress codes in the workplace that contain restrictions on a number of commonly seen "trends" that are prevalent among young employees. In particular, there is a rise in the number of employers who prohibit tattoos from being […]
Occasionally, a case comes along that shows how things can go wrong for a franchisor in bankruptcy court. Cumberland Coral, LLC, is just such a case. To learn more about the case and the issues raised for franchisors and franchisees […]
With the rising costs of healthcare and the implementation of the Affordable Care Act, more employers are offering or revamping wellness programs that that are aimed at incentivizing employees to adopt healthier lifestyles. These programs include things […]
The Bankruptcy Code allows a trustee to recover fraudulent transfers made by the debtor prior to bankruptcy. 11 U.S.C. § 548(a). An innocent recipient of a fraudulent transfer is not without a defense, however. The Code allows a transferee that takes […]
To find out how one bankruptcy court addressed these issues, click on the link below to an article written by Angie Offerman and recently published in the ABI Technology & Intellectual Property Committee Newsletter: http://committees.abi.org/committees […]
Over the course of its history, the U.S. Equal Employment Opportunity Commission ("EEOC") has disfavored the application of mandatory arbitration agreements within the employment context. Indeed, until the decision in Circuit City Stores, Inc. v. Adams […]
Few assets in the hospitality industry are more valuable and important than the franchise agreements. The bankruptcy filing of a franchisor or a franchisee can greatly increase the uncertainty of how and when the provisions of a franchise agreement […]
Over the past decade, debtors have increasingly used the protections of Chapter 11 to sell substantially all of their assets in sales under section 363 of the Bankruptcy Code. As a result, post-sale debtors frequently have next to nothing left to reorganize […]
As far as employee compensation agreements are concerned, Texas employers are riding a wave of pro-business precedent to recoup bonus pay from employees. The Supreme Court of Texas’ recent opinion in ExxonMobil Corporation v. Drennen continues the […]