Cole Schotz

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, Finance & Banking, International Law & Trade

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
| Labor & Employment Law

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
| Intellectual Property, Science, Computers, & Technology

Delaware Court of Chancery Rules on Unambiguous Director Removal Voting Requirements

In a recent decision of the Delaware Court of Chancery, the Court struck down a corporate bylaw provision of NutriSystem, Inc., a Delaware corporation (the “Company”), ruling the provision to be inconsistent with the Delaware…more
| Business Organizations, Commercial Law & Contracts

Committees: Can the U.S. Trustee Disband What the U.S. Trustee Forms?

Sometimes the smallest bankruptcy cases give rise to the most interesting legal questions. One such case was that of ScripsAmerica, Inc., which gave rise to the question of whether the Office of the United States Trustee (the…more
| Bankruptcy, Civil Procedure, Finance & Banking

The Increased Use of Combined Hearings and Combined Plan and Disclosure Statements in Delaware

Since February 2016, the Local Rules for the United States Bankruptcy Court for the District of Delaware provide for combined hearings on approval of disclosure statements and confirmation of plans and for the use of combined…more
| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking

Tax Court Puts Brakes on Recent Trend Limiting Religious/Non-Profit Exemptions

In a recent tax court case, Holy Trinity Baptist Church v. City of Trenton (Docket No. 015909-2014, February 2, 2017), the court overturned the findings of the County Board of Taxation and upheld the tax exemption for…more
| Civil Procedure, Nonprofit Law, Taxation

In re Roust: Seven Steps to Confirming a Plan in Seven Days

On January 6, 2017, Judge Robert D. Drain of the Bankruptcy Court for the Southern District of New York orally approved a prepackaged plan of reorganization (a “Prepack”) in In re Roust Corporation, et al. (Case No. 16-23786),…more
| Bankruptcy, Business Organizations

Second Circuit Refuses to Expand Scope of Chapter 15 of the Bankruptcy Code

On January 18, 2017, the U.S. Court of Appeals for the Second Circuit issued an opinion in the case of Trikona Advisers Limited v. Chugh, No. 14-975-cv, 2017 WL 191936 (2d Cir. Jan. 18, 2017), thwarting an attempt to expand the…more
| Bankruptcy, Business Organizations, Finance & Banking, International Law & Trade

DEADLINE ALERT: Prudent Property Management Dictates Review of Property Tax Assessments!

The New Jersey Tax Appeal Filing Deadline is April 3rd. In the upcoming weeks property owners will be receiving their annual property tax assessment notices (postcards) from the municipal assessor’s office. Receipt of these…more
| Real Estate - Commercial, Taxation

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
| Labor & Employment Law

Ring in the New Year Right: TriState Employers Must Ensure Compliance With Upcoming Changes

Employers are well advised to ensure that they start the New Year on the correct foot as many laws have effective dates in a few short days and weeks. Among the most notable changes are the following: Minimum Wage New…more
| Labor & Employment Law

Individuals with Special Needs Can Now Create First Party Trusts

President Obama just signed a new law that allows First Party Special Needs Trusts to be established by mentally competent individuals for their own benefit. This is a major “fix” to the current law which only allows First…more
| Wills, Trusts, & Estate Planning

Plan Proponents Beware of “Death Trap” Traps in Chapter 11 Plans and Disclosure Statements

On November 22, 2016, a federal court in Texas ruled that the U.S. Department of Labor (DOL) unlawfully issued its Final Rule raising the minimum annual salary threshold for most “white collar” overtime exemptions under the Fair…more
| Bankruptcy, Business Organizations, Civil Procedure

Yellowstone and the Barton Doctrine in the Third Circuit

The Barton doctrine, which has been imposed in “an unbroken line of cases … as a matter of federal common law,” In re Linton, 136 F.3d 544, 545 (7th Cir. 1998) (Posner, J.), requires that plaintiffs “obtain authorization from…more
| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking
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Areas of Practice
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100+ Attorneys

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