Civil Remedies Bankruptcy Labor & Employment

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Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

A WARN Act Roundup: Jury Trial Rights, the Unforeseen Business Circumstances Defense, and the Single Employer Rule

Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109 et. seq. Below is a summary of three...more

Lehman Brothers Pension Scheme - The treatment of pensions claims in a UK insolvency process

When the Lehman Brothers group imploded in September 2008, the impact of events on the Lehman Brothers UK pension scheme (the "Scheme") was not seen as a key concern for anyone other than the members themselves. Yet as time...more

Whistleblower Defendant Blows Whistle on Whistleblower

Antonio Saidiani filed a whistleblower suit alleging that NextCare urgent centers and CEO Dr. Shufeldt had collected tens of millions of dollars in false Medicare claims. Antonio was in a position to know because he was that...more

Obligations To Pensioners In An Insolvency: Supreme Court Clarifies The Law

The Supreme Court of Canada overturned the Ontario Court of Appeal today in what is one of the most highly-anticipated cases for the pension and insolvency bars pending before the courts. In Indalex (Re) 2013 SCC 6, the court...more

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift...more

When Is a Workers Comp Claim Not a Workers Comp Claim?

Our preview of the civil cases on the Illinois Supreme Court's November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more

Velo Holdings KEIP Approved by SDNY Bankruptcy Court

On June 6, 2012, Bankruptcy Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved a $2.875 million key employee incentive plan (“KEIP”) in the Velo Holdings bankruptcy cases over the...more

Lumbermens Enters Rehabilitation: What Are the Consequences for Its Policyholders?

Lumbermens Mutual Casualty Company and American Manufacturers Mutual Insurance Company (part of the Lumbermens Mutual Group and formerly known as Kemper) (“Lumbermens”), after years of struggling financially under the...more

How Losing Your Job Impacts Your Chapter 7 Bankruptcy

Yesterday Fox News reported that there was an increase in unemployment in a majority of the states. In this article I want to discuss how losing your job impacts your ability to file a Chapter 7 bankruptcy. First, one of the...more

Fenwick Employment Brief - August 14, 2009

IN THIS BRIEF: *California Supreme Court Clarifies Workplace Privacy Limits In Video Surveillance Case *Company’s Bankruptcy Does Not Prevent Personal Liability For Wage Violations *News Bites ..PG&E Overtime...more

Ninth Circuit Court of Appeals Finds That Individual Managers Of A Bankrupt Corporation Can Be Held Liable for Employees' Unpaid...

The Ninth Circuit Court of Appeals held on July 27, 2009 in Boucher v. Shaw that individual managers of a bankrupt corporation can be held liable to the corporation's former employees for unpaid wages under the federal Fair...more

Does Bankruptcy Discharge Sexual Harassment Debts?

While winning a sexual harassment suit against an employer may provide emotional satisfaction, efforts to collect a monetary judgment may have suffered a setback because of a recent bankruptcy court decision. According to In...more

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