Shumaker, Loop & Kendrick, LLP

Winners and Losers: They Call Alabama the Crimson Tide, Call Me Deacon Blues

In Bankruptcy Code Section 363 sales of assets, there are winners and losers. Chapter 11 is known as a forum for reorganizing or selling a ?nancially distressed business. If a Chapter 11 reorganization is not possible, a…more
| Bankruptcy, Business Organizations, Finance & Banking, Mergers & Acquisitions

USCIS releases a new version of Form I-9

U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 14, 2016, USCIS published a new Form I-9 for employers to begin using immediately for new hires or re-verifications. While it is recommended that…more
| Labor & Employment Law

Client Alert: Federal Court Temporarily Blocks Implementation of Amendments to Overtime Rule for Employers Nationwide

On November 22, 2016, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the Department of Labor’s (“DOL”) updated white collar…more
| Labor & Employment Law

Title IX Enforcement: Potential Changes for Schools and Universities

Schools and universities should be informed that Title IX enforcement in the area of campus sexual assault might be scaled back or even eliminated under the new Trump administration. This is particularly significant for athletic…more
| Civil Rights, Education

Client Alert: Florida Supreme Court Rules that Dismissal of Foreclosure Action Returns Parties to their Pre-Foreclosure Action Status, and Resets Accrual Date for Statute of Limitations Purposes

The Florida Supreme Court issued its long awaited decision in Bartram et al. v. U.S. Bank NA, case number SC14-1265, on November 3, 2016, affirming the decision of the Fifth District Court of Appeals in U.S. Bank Nat. Ass’n v…more
| Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

What constitutes a worksite for H-2B purposes?

The issue of multiple worksites presents a conundrum for many employers. As a result, the Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued guidance for H-2B positions (such as landscapers, tour…more
| Labor & Employment Law, Immigration Law

Client Alert: CMS Releases Final CY 2017 Hospital Outpatient and Ambulatory Surgery Center Payment Rule

On November 1, 2016 CMS released its Final Hospital Outpatient Prospective Payment System (“OPPS”)/Ambulatory Surgical Center Payment Rule with Comment Period (“Final Rule”) which, among other things, addresses site-neutral…more
| Government Contracting, Health

Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

Due to its climate, Florida – the “Sunshine State” – is ideally situated to take advantage of unlimited and environmentally friendly solar energy. In the last two decades, the price of solar collectors has dropped significantly…more
| Business Organizations, Energy & Utilities, Environmental Law, Real Estate - Residential

Client Alert: Federal Appeals Court Rules That Bankrupt Debtors’ Choice to "Surrender" Real Property Waives Their Right to Contest Foreclosure

Under Section 521(a)(2)(A) of the federal bankruptcy code, a debtor in a chapter 7 bankruptcy must file a statement within 30 days of the bankruptcy filing notifying the court, creditors and the trustee whether the debtor…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

Plan Ahead: H-1B Season is Around the Corner

As a reminder to all U.S. employers, H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2018 on Saturday, April 1, 2017. As such,…more
| Immigration Law, Labor & Employment Law

Fire Sprinkler Retrofitting

As you may be aware, the deadline for condominium associations to vote to forego retrofitting with a fire sprinkler system is rapidly approaching…more
| Real Estate - Residential

Client Alert: CFPB’s Structure is Unconstitutional, D.C. Circuit Court Holds

Lenders and their attorneys have been closely monitoring the enforcement actions and rules promulgated by the Consumer Financial Protection Bureau or CFPB, which was created under the Dodd-Frank Act. The CFPB’s three goals are…more
| Constitutional Law, Consumer Protection, Finance & Banking

Client Alert: 2016 Update: What Health Care Providers Need to Know Regarding Medical Marijuana in Florida

Medical Marijuana in Florida - Florida has enacted laws permitting Florida licensed physicians to order medical marijuana, in the limited forms of low-THC cannabis and medical cannabis (hereinafter collectively referred to…more
| Elections & Politics, Health

Unsecured Creditor Carve-outs: Chapter 11 Misery Makes Strange Bedfellows

There are a number of "creditor remedies" that can be utilized to maximize recovery from an insolvent customer. This article addresses one such "remedy": a carve-out from the pre-petition secured lender. Please see full…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Finance & Banking

Recent Delaware Chapter 11 Case Supports Vendors' Reclamation Claims

Recently, the Delaware Bankruptcy Court ruled that a vendor's reclamation trumped a lender's lien on inventory. Please see full Article below for more information…more
| Bankruptcy, Business Organizations
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101 E. Kennedy Blvd; Suite 2800
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Contact: Jennifer Malin, Director of Marketing

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