Cole Schotz

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Court Plaza North
25 Main Street
Hackensack, New Jersey 07601, United States
Phone: 201-489-3000
Fax: 201-489-1536
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Delaware
  • Maryland
  • New Jersey
  • New York
  • Texas
Number of Attorneys
100+ Attorneys

The First Amendment And Trademarks: Protecting “The Thought We Hate”

Can the federal government refuse to register offensive trademarks? The Supreme Court held yesterday that it cannot. Although the case did not directly involve the “Washington Redskins” trademark registration, discussed in…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

NYC To Defer To The FDA In Calorie Posting Rules

As New Yorkers enjoy their pumpkin spice lattes, the fact that a Grande (16oz) serving will cost them about 380 calories (including 2% milk and whipped cream, because why not?) is becoming common knowledge. Calorie information…more

FDA, Menu-Labeling, Nutrition Facts Labels, Restaurant Industry, Retail Market

See all updates »

Uniformed Service Members To Become A Protected Class Under The New York City Human Rights Law

New York City Mayor Bill de Blasio recently signed into law an amendment to the New York City Human Rights Law (the “NYCHRL”) prohibiting discrimination on the basis of uniformed service. The amendment takes effect on November…more

Employment Discrimination, Human Rights, Military Service Members, NYCHRL, Protected Class

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Opening a Restaurant in New Jersey – A Liquor License Q & A

If you have plans to open a restaurant in New Jersey and would like to serve alcohol, you should be aware of the longstanding rules related to liquor licenses. Most New Jersey municipalities are not able to issue new liquor…more

Licensing Rules, Liquor, Restaurant Industry, Wine & Alcohol

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Delaware Clarifies “Received” For Valuable 503(b)(9) Claims

Delaware’s Bankruptcy Court has recently issued two insightful opinions that impact a creditor’s ability to establish the “receipt” element of a valuable 503(b)(9) administrative expense priority claim. CASE 1: In re SRC…more

Administrative Expenses, Bankruptcy Code, Creditors, Debtors, Section 503(b)(9)

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Delaware Court Orders Sale of Solvent Company’s Stock Despite Shareholder Objections

Delaware General Corporate Law § 226 (the “Custodian Statute”) bestows the Delaware Court of Chancery with the power to appoint a custodian for solvent companies and receivers for insolvent companies in certain circumstances…more

Board of Directors, Delaware General Corporation Law, Directors, Shareholder Litigation, Shareholders

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Courts Make Clear that General Objections are Generally Inappropriate

If your practice involves discovery, chances are you have been on the receiving end (and maybe the dispensing end) of prolix boilerplate general objections in response to interrogatories or document demands. Whatever logic may…more

Discovery, Document Productions, Federal Rules of Civil Procedure, FRCP 26(b)(1), Objections

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Some Important Factors To Consider Before Creating A Special Needs Trust

A Third-Party Special Needs Trust (also referred to as a “Supplemental Needs Trust”) allows parents or other relatives of a special needs beneficiary to dedicate assets to the beneficiary by gift or inheritance without affecting…more

Beneficiaries, Medicaid, Special Needs Trust, Supplemental Security Income (SSI)

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The AT&T-Time Warner Merger and a Hart-Scott-Rodino Update

Updates and speculation regarding the forthcoming merger between AT&T and Time Warner have dominated the recent news cycle. Many pundits and business professionals have debated whether a vertical merger of such magnitude will…more

AT&T, DOJ, FTC, Hart-Scott-Rodino Act, Mergers

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Farewell to Texas? Supreme Court Limits Where Alleged Patent Infringers Can Be Sued

For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district court…more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, SCOTUS

See all updates »

“Reverse” Like-Kind Exchanges Not Subject to NYS Real Estate Transfer Tax

In an Advisory Opinion issued near the end of 2016, the New York State Department of Taxation and Finance has determined that the transfer of real property in New York State from an “exchange accommodation titleholder” to a…more

Real Estate Market, Real Estate Transfers, Realty Transfer Taxes, Transfer Taxes

See all updates »

Spoliator Alert! Discarding Your Pipes, Sumps and Slabs Can Cost You

The New Jersey Appellate Court recently upheld a spoliation claim against a plaintiff company that sued prior owners for violations of New Jersey’s Spill Compensation and Control Act and common law claims of nuisance and…more

Contaminated Properties, Contamination, Environmental Litigation, Spoliation

See all updates »

5 Tips for Protecting Your Business This Year: The Best Offense Remains a Good Defense

Whether you are starting a new business in 2017 or gearing up for another year with an existing company, the New Year brings the excitement of fresh opportunities. That enthusiasm, however, should not overshadow employment…more

Confidential Information, Employer Liability Issues, FLSA, Wage and Hour

See all updates »

Deck the Halls – But Do It Nicely, and Don’t Be Naughty!

Thinking about tying one on this year to get into the holiday spirit, or about finally asking out that cute girl or guy from the office at the holiday party after the spirit moves you? Think again! With the holiday season upon…more

Discrimination, Employer Liability Issues, Harassment, Holiday Parties, Holidays

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An Empty Seat at the Table: Sovereign Immunity Bars Pre-Spill Act Liability

Earlier this week, the New Jersey Supreme Court clarified in NL Industries, Inc. v. State of New Jersey, (A-44-15) (March 27, 2017), that the State of New Jersey retains its sovereign immunity under the New Jersey Spill…more

Hazardous Substances, NJ Supreme Court, Sovereign Immunity, Spill Act

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Six Degrees Of Separation: Use Of Bankruptcy Rule 2004 Examination In Connection With Third-Party Litigation

Court: “You know, every piece of information and fact out there is within six degrees of separation of the debtors’ assets and financial affairs. The question is where do you draw the line?”…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Debtors, Reorganizations

See all updates »

Delaware District Court finds that Bankruptcy Court Cannot Enter a Final Order Releasing Third-party Claims Without Constitutional Authority

In this post-Stern opinion (the “Opinion”), the United States District Court for the District of Delaware (the “Court”) addresses two main issues with respect to the approval of nonconsensual third-party releases provided for in…more

Article III, Chapter 11, Commercial Bankruptcy, Subject Matter Jurisdiction

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Delaware Court Of Chancery Identifies Fiduciary Duty Constraints On Preferred Equity

A recent decision of the Delaware Court of Chancery (the “Court”) places certain fiduciary constraints on a company’s ability to satisfy its obligations to its preferred equity holders. While investors often seek to acquire…more

Board of Directors, Breach of Duty, Common Stock, Duty of Loyalty, Fiduciary Duty

See all updates »

New Fair Workweek Legislation Scheduled To Take Effect On NYC Fast-Food Chains And Retailers In November 2017

New York City Mayor Bill de Blasio recently signed a package of legislation known as the “Fair Workweek” bills, which will take effect on many of the city’s fast-food chains and retailers starting in November 2017…more

Employer Liability Issues, Fast-Food Industry, Local Ordinance, On-Call Employees, Popular

See all updates »

NYC To Defer To The FDA In Calorie Posting Rules

As New Yorkers enjoy their pumpkin spice lattes, the fact that a Grande (16oz) serving will cost them about 380 calories (including 2% milk and whipped cream, because why not?) is becoming common knowledge. Calorie information…more

FDA, Menu-Labeling, Nutrition Facts Labels, Restaurant Industry, Retail Market

See all updates »

Navigating The Added Challenges Of Divorce In New Jersey With A Special Needs Child

Divorce is an unfortunate reality for many couples and can be especially complicated and heartbreaking when children are involved. Parents of children with special needs, however, face additional challenges…more

Child Custody, Divorce, Guardians, Parenting Plans, Special Needs Children

See all updates »

Anticipating an Answer to the Most Vexing Question in Copyright Law?

Arguably one of the “most vexing” questions in all of copyright law will be answered this year. Or at least that is what many in the furniture and fashion industry are hoping…more

Copyright, Copyright Litigation

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Section 1521(a)(7) Found Inapplicable to State Law Fraudulent Conveyance Actions

On March 23, 2017, the U.S. Bankruptcy Court for the Southern District of Florida (the “Court”) issued an opinion in the chapter 15 case of Banco Cruzeiro do Sul, S.A., a Brazilian bank (“BCSUL” or the “Debtor”), holding, among…more

Chapter 15, Commercial Bankruptcy, Fraudulent Conveyance

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New Delaware Chapter 11 Filing – Essar Steel Minnesota LLC and ESML Holdings Inc.

Essar Steel Minnesota LLC and its parent, ESML Holdings Inc., which operate an open-pit mine and greenfield pellet plant in Minnesota, have commenced cases (Case Nos. 16-11627 and 16-11626, respectively) under Chapter 11 of the…more

Chapter 11, Commercial Bankruptcy

See all updates »

“Better Late Than Never” Doesn’t Work for Claims Made Policies

The New Jersey Supreme Court recently held that an insurance company was not required to show it was prejudiced by an insured’s late notice in order to deny coverage under a claims made policy. In Templo Fuente de Vida Corp. v…more

Claims Limitations Period, Claims Made Policy, Insurance Industry, Late Notices, NJ Supreme Court

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Branding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference

Last week I was fortunate to attend the Managing the Trademark Asset Lifecycle Conference, hosted by World Trademark Review. The topics discussed throughout the day touched on everything from assessing portfolio strength and…more

Brand, Domain Names, Registration, Trademarks

See all updates »

Tax Court Holds That Foreign Corporation’s Sale Of A Partnership Interest Not Taxable In US

The US Tax Court recently held that a foreign corporation is not subject to US income tax on the sale of a partnership interest where the partnership conducts a US business. In so holding, the Tax Court rejected a 26 year old…more

Corporate Taxes, Foreign Corporations, Foreign Investment, Income Taxes, Investors

See all updates »

You Can Go Your Own Way… Unless the Supreme Court Reverses Jevic

On November 28, 2016, the Supreme Court is scheduled to hear oral arguments in the appeal of Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015),…more

Absolute Priority Rule, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Czyzewski v Jevic Holding Corp

See all updates »

SEC Adopts Rules to Provide More Options for Companies to Raise Capital

The SEC has adopted final rules to address intrastate and small offerings, further expanding and modernizing the manner in which start-ups and other small businesses are able to raise capital. The final rules amend Rule 147…more

Rule 147, Rule 505, SEC, Securities Act of 1933

See all updates »

Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

In a stunning decision, the New Jersey Appellate Division held on August 23 that the State’s general six-year statute of limitations for property damage applies to private claims for contribution under the New Jersey Spill…more

Contribution Claims, Spill Act, Statute of Limitations

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Partnerships Prepare For New Audit Regime

On November 2, 2015, new partnership audit rules, repealing existing TEFRA rules, were enacted in Section 1101 of the Bipartisan Budget Act (“BBA”). On August 15, 2016, Treasury published temporary regulations (TD 9780, 81 FR…more

Audits, Bipartisan Budget Act, Business Taxes, C-Corporation, IRS

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Latest Trends in the Enforceability of Make-Whole Premiums

A lender’s entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest payments it would have received had the borrower continued to service the debt through the…more

American Airlines, Commercial Bankruptcy, Creditors, Debtors, HSBC

See all updates »

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust fund…more

Chris Christie, Department of Environmental Protection, Environmental Liability, Environmental Policies, Environmental Remediation Costs

See all updates »

No More Laches Defense for Patent Infringement

In what some perceive as a major shift from decades of precedent, the United States Supreme Court held last week that laches – unreasonable delay – is no longer a valid defense against a claim for patent infringement so long as…more

Laches, Patent Infringement, SCA Hygiene Products Aktiebolag v First Quality Baby Products, SCOTUS, USPTO

See all updates »

Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements

A bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or soliciting…more

Hiring & Firing, Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements, Proposed Legislation

See all updates »

Federal Court In Texas Holds That The Department Of Labor’s Final Rule Changing The White Collar Exemptions Invalid

On August 31, 2017, the United States District Court for the Eastern District of Texas (the “Court”) invalidated the United States Department of Labor’s (“DOL”) changes to the Fair Labor Standards Act’s (“FLSA”) overtime…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

See all updates »

The First Amendment And Trademarks: Protecting “The Thought We Hate”

Can the federal government refuse to register offensive trademarks? The Supreme Court held yesterday that it cannot. Although the case did not directly involve the “Washington Redskins” trademark registration, discussed in…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

SEC Adopts Changes Impacting Private Fund Advisers

The SEC’s recently-adopted changes to Form ADV and Rule 204-2 of the Investment Advisers Act of 1940, as amended (the so-called “books and records rule”), raise important considerations for many private fund advisers –…more

Form ADV, Investment Adviser, Investment Advisers Act of 1940, Recordkeeping Requirements, SEC

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Wash Those Sediments Right Outta Your RAO! NJDEP Releases New RAO Notice

Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with…more

Contaminated Properties, Department of Environmental Protection, LSRP, Remediation

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What Do Edison, Overalls and Opportunity Have in Common?

Thomas Edison famously said that “opportunity is missed by most people because it is dressed in overalls and looks like work.” Consistent with Edison’s musings, companies in an acquisition mode often overlook opportunities that…more

Acquisitions, Chapter 11, Commercial Bankruptcy

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The Third Circuit Weighs In On The Warn Act

Short Summary- In In re AE Liquidation, Inc., 866 F.3d 515 (3d Cir. 2017), the Third Circuit answered two important legal questions under the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act). First,…more

Foreseeability, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

See all updates »

Paid Family Leave May Be Expanding In New Jersey Under Proposed Legislation

Last week, a bill was advanced by the State’s Senate Budget and Appropriations Committee to the Senate for discussion and vote. If passed, the new bill will increase the benefits and protections currently afforded under the…more

Employee Benefits, Paid Family Leave Law, Paid Leave, Proposed Legislation, Wage and Hour

See all updates »

Court Signals That Local Government Cannot Easily Evade Redevelopment Agreements

In a decision that bodes well for developers, the New Jersey Appellate Division upheld the enforceability of a long-term settlement agreement between certain Jersey City property developers (the “Developers”) and the City…more

Real Estate Development, Settlement Agreements

See all updates »

Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s…more

Disparagement, First Amendment, Redskins, Trademark Registration, USPTO

See all updates »

Employer-Compliance Obligations and Enjoined DOL Regulations

As previously discussed on this blog in a post dated November 23, 2016, the United States Department of Labor (“DOL”), in May of 2016, issued a final rule (“Final Rule”) revising its regulations construing the so-called…more

DOL, FLSA, Over-Time, Preliminary Injunctions, Wage and Hour

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Not So Fast! District Court Blocks Implementation of the DOL’s New Overtime Rule

As we previously posted on this blog, on May 18, 2016, the United States Department of Labor (“DOL”), issued a final rule (the “Final Rule”) revising the overtime exemption rules of the Fair Labor Standards Act (“FLSA”). The…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

See all updates »

Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more

Compliance, FBAR, IRS, OVDP, Reporting Requirements

See all updates »

Reflecting The Parties’ Intentions In Operating Agreements: Reminder On Silent Terms

Does your operating agreement reflect your intentions? New Jersey’s Revised Uniform Limited Liability Company Act (the “RULLCA”) became effective on March 18, 2013. As noted in a post we authored in 2014, although initially…more

Limited Liability Company (LLC), Members, Operating Agreements, RULLCA, Voting Rights

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New Delaware Chapter 11 Filing – La Paloma Generating Company, LLC

La Paloma Generating Company, LLC and two of its affiliates have filed petitions for chapter 11 bankruptcy relief in the United States Bankruptcy Court for the District of Delaware (Case No. 16-12700). The Debtor is the owner…more

Chapter 11, Commercial Bankruptcy, Debtors

See all updates »

2017/2018 Estate And Gift Tax Update

Experts have started to calculate the inflation adjustments to key estate and gift exemption amounts for 2018. Note that these are not the official figures to be released by the IRS, but should be used as a guide. The IRS will…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, GST

See all updates »

UPDATE: New York DOL Amends Regulation Governing Home Health Care Aides Pay

As previously discussed, recent decisions from the New York Supreme Court, Appellate Division, found a New York State Department of Labor (“NYDOL”) opinion letter was not a “rational or reasonable” interpretation of New York…more

DOL, Employer Liability Issues, FLSA, Health Care Providers, Home Health Agencies

See all updates »

New York Virtual Currency Business License: What To Know

New York entrepreneurs in the virtual currency space must be careful to follow New York’s licensing requirements enacted under Financial Services Law Sections 102, 104, 201, 206, 301, 302, 309, and 408. Under the new regulations…more

Digital Currency, Licensing Rules, NYDFS, Virtual Currency

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EPA Gives New ASTM Standard the Nod in Proposed Rule

As indicated in our latest blog post, here, on US EPA’s adoption of the new ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, US EPA has taken the step necessary…more

ASTM, CERCLA, Environmental Site Assessment, EPA, Final Rules

See all updates »

Court Signals That Local Government Cannot Easily Evade Redevelopment Agreements

In a decision that bodes well for developers, the New Jersey Appellate Division upheld the enforceability of a long-term settlement agreement between certain Jersey City property developers (the “Developers”) and the City…more

Real Estate Development, Settlement Agreements

See all updates »

Thinking About Selling Your Business? Three Keys To Success.

There are numerous reasons you might consider selling your business – it could be that retirement beckons, your business has reached its growth limit under current management or financial constraints, or an exit opportunity…more

Business Plans, Business Valuations, Selling a Business

See all updates »

Tax Court Holds That Foreign Corporation’s Sale Of A Partnership Interest Not Taxable In US

The US Tax Court recently held that a foreign corporation is not subject to US income tax on the sale of a partnership interest where the partnership conducts a US business. In so holding, the Tax Court rejected a 26 year old…more

Corporate Taxes, Foreign Corporations, Foreign Investment, Income Taxes, Investors

See all updates »

Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more

Compliance, FBAR, IRS, OVDP, Reporting Requirements

See all updates »

2017/2018 Estate And Gift Tax Update

Experts have started to calculate the inflation adjustments to key estate and gift exemption amounts for 2018. Note that these are not the official figures to be released by the IRS, but should be used as a guide. The IRS will…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, GST

See all updates »

Don’t Sleep on Your NJ Construction Lien Enforcement Deadline

So you’ve managed to successfully file a construction lien claim in New Jersey. Well, don’t then kick back and relax for too long, because if you fail to take action to enforce that lien claim within the limited time required…more

Construction Industry, Construction Liens, Contractors, Deadlines, Subcontractors

See all updates »

Delaware Court Of Chancery Identifies Fiduciary Duty Constraints On Preferred Equity

A recent decision of the Delaware Court of Chancery (the “Court”) places certain fiduciary constraints on a company’s ability to satisfy its obligations to its preferred equity holders. While investors often seek to acquire…more

Board of Directors, Breach of Duty, Common Stock, Duty of Loyalty, Fiduciary Duty

See all updates »

Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight…more

Abandoned Property, Eminent Domain, Municipalities, NJ Supreme Court, Redevelopment

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New Delaware Chapter 11 Filing – Fresh & Easy, LLC

Fresh & Easy, LLC has filed a chapter 11 petition in the United States Bankruptcy Court for the District of Delaware (Case # Case No: 15-12220-CSS). The Petition and list of top 30 creditors and the docket are available through…more

Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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Secondary Market Transaction Results in U.S. Court Jurisdiction Over Foreign Lender

Foreign financial institutions that trade dollar-denominated securities on the secondary market may not appreciate that they could be forced to defend an action arising from such a transaction in a U.S. court. That is what…more

Bankruptcy Court, Foreign Financial Institutions (FFI), Lenders, Personal Jurisdiction, Secondary Markets

See all updates »

SEC Adopts Rules to Provide More Options for Companies to Raise Capital

The SEC has adopted final rules to address intrastate and small offerings, further expanding and modernizing the manner in which start-ups and other small businesses are able to raise capital. The final rules amend Rule 147…more

Rule 147, Rule 505, SEC, Securities Act of 1933

See all updates »

Some Upside To Being Upside-Down: The Fifth Circuit Provides Undersecured Creditors An Additional Front On which To Contest Preference Claims

Undersecured creditors face unique challenges because they are neither fully secured nor fully unsecured. Beyond the obviously undesirable issue of being upside-down on their deal, undersecured creditors often are exposed to…more

Bankruptcy Code, Chapter 7, Creditors, Debtors, Section 506

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IRS Proposed Regs Redefine the Terms “Husband” and “Wife”

The Supreme Court has recently struck down state bans on same-sex marriage as unconstitutional in Obergefell v. Hodges, 576 US ___ (2015), after previously striking down the federal exclusion of same-sex couples from…more

Estate Tax, Income Taxes, IRS, Obergefell v. Hodges, Same-Sex Marriage

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A State Nexus Study: Avoiding Imminent Audits by Revenue-Thirsty States

We are seeing a heavy uptick in audit activity for closely held businesses, particularly in the area of sales and use tax audits to generate much needed revenue to fund services, entitlement programs and to meet budget…more

Audits, Income Taxes, Nexus, Sales & Use Tax, State Taxes

See all updates »

A New Arrow in the Quiver for Physicians Facing Dual Civil and Criminal Fraud Investigations

At a time when doctors face increased pressure from competition, reduced fee schedules, and greater scrutiny from insurance company Special Investigative Units (“SIUs”) and State Office of Insurance Fraud Prosecutors (“OIFPs”),…more

Admissible Evidence, Confrontation Clause, Criminal Investigations, Healthcare Fraud, Insurance Fraud

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Second Circuit Reverses Dismissal Of Retaliation Claim Citing Cat’s Paw Liability

The Second Circuit recently invoked a 17th century fable in reviving an employee’s retaliation claim against her employer even where the employer had no retaliatory intent. In Vasquez v. Empress Ambulance Service, SDNY,…more

Cat's Paw, Employer Liability Issues, Hiring & Firing, Retaliation, Sexual Harassment

See all updates »

New York Special Needs Act Becomes Law

Governor Andrew Cuomo recently signed legislation which amends New York law to allow mentally-competent disabled individuals under age 65 to establish a first-party Special Needs Trust without court petition. …more

Disability, Special Needs Adults, Special Needs Trust, Special Needs Trust Fairness Act

See all updates »

Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s…more

Disparagement, First Amendment, Redskins, Trademark Registration, USPTO

See all updates »

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