Once a debtor or trustee establishes a transfer is a preferential transfer, the burden falls upon the creditor to establish one or more of the defenses to avoidance set forth in Bankruptcy Code section 547(c), such as the "ordinary business terms" defense […]
Now that the ordinary business terms defense stands on its own as an independent defense, courts are compelled to focus specifically on whether the ordinary business terms test has been satisfied. As before, the burden is on the creditor to establish […]
The 2014 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. Along with March Madness comes office betting pools related […]
Energytec owned a pipeline system. Newco Energy had an agreement with Energytec whereby Newco was paid a “transportation fee” based on the amount of gas that flowed through the pipeline. Energytec filed Chapter 11 bankruptcy and […]
Under the pre-October 2005 version of Bankruptcy Code section 547(c)(2), a creditor wishing to shield a transfer from avoidance using an "ordinary course" defense had to prove, by a preponderance of the evidence, that the preferential transfer was: ( […]
It is very common to include a provision in a settlement agreement that the terms of the settlement shall remain confidential. Employers have an obvious interest in not making this information readily known to other current and prospective employees […]
Credit managers are generally familiar with the "ordinary course of business" and "new value" defenses, which receive the predominant amount of attention in print and case authority. However, the ordinary business terms defense can be just as effective […]
In 2012, the Texas Supreme Court rendered an important decision that has the potential to expand an employer's liability for wrongful termination of employees in Texas. Texas is an at-will employment state where employers have the ability to terminate […]
The first step related to investigating a complaint of harassment is to determine who should undertake the investigation. The person selected to conduct the investigation should be credible, empathetic yet firm, in a neutral position, familiar with […]
A young female employee walks into the office of the Director of Human Resources and states that her older, male supervisor recently made inappropriate sexual remark to her. What does the company do now? The employer should immediately develop a […]
One of the most frequently litigated areas in Texas is the utilization or dissemination of trade secrets by a departing employee. There are two basic scenarios. One is where the employee actually took with him certain confidential information of […]
Article 15 of the Texas Business and Commerce Code is generally referred to as the Covenants Not to Compete Act. The Act has governed covenants not to compete in Texas for over 20 years now. However, a few opinions issued by the Texas Supreme Court […]