Pepper Hamilton LLP

Treasury Department Starts the Regulatory Ball Rolling for Marketplace Lenders

The Treasury Department’s notice and request poses 14 detailed questions to gather public information concerning the role of marketplace lending in the financial services industry. On July 16, 2015, the U.S. Department of…more
| Finance & Banking, Real Estate - Residential

Tax Proposals to Eliminate Interest Deductions Miss the Mark

The proposal to eliminate the interest deduction may have a material adverse impact on U.S. middle-market companies. In March, Republican presidential candidate Senator Marco Rubio, together with Senator Michael Lee,…more
| Taxation

Claim Amount: It Pays To Pay Attention

In re Walker, 526 B.R. 187 (E.D. La. 2015) – The bankruptcy court (1) denied a mortgage lender’s request to file a late amendment to a proof of claim that had been filed on its behalf by the debtor and (2) confirmed the…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

Hostile Work Environment: Playing Defense to Offensive Workplace Conduct

A hostile environment can result from the unwelcome conduct of supervisors, co-workers, customers, contractors or anyone else with whom the victim interacts on the job when the unwelcome conduct renders the workplace atmosphere…more
| Civil Rights, Labor & Employment Law

Federal Circuit Court Affirms that Federal Claims Court Lacks Jurisdiction Over Claims By Subcontractor

Montano Elec. Contractor v. United States, 2015 U.S. App. LEXIS 5928 (Fed. Cir. Apr. 13, 2015) - The Army Corps of Engineers (“the Corps”) hired a general contractor, who subcontracted certain electrical work to Montano…more
| Business Torts, Civil Procedure, Construction Law

Homejoy’s Shutdown, Due to Misclassification Lawsuits, Likely to Propel Tech Start-Ups to Enhance Their Independent Contractor Compliance

Earlier Friday, it was reported by Carmel DeAmicis of re/code that Homejoy, the home cleaning start-up that uses independent contractors as their home cleaners, was closing down its operations due to four misclassification…more
| Commercial Law & Contracts, Labor & Employment Law, Science, Computers, & Technology

OSHA Joins the Growing Support for Transgender Rights in the Workplace

With the increased government scrutiny of transgender issues in the workplace, employers should be careful not to discriminate against transgender employees and to treat them in accordance with their gender identities. Most…more
| Civil Rights, Government Contracting, Labor & Employment Law

Labor Department's New Guidance on Independent Contractor Misclassification Is Nothing New Legally, But Will Likely Reinvigorate the Crackdown on the Use of Contractors

The main difference between the new Interpretation and the Labor Department’s prior enforcement policy is a greater emphasis on the “economic dependence” of the workers on the business that has engaged their…more
| Labor & Employment Law, Taxation

Good Faith Deposit: Who Gets To Keep the Cash?

Lawrence v. Commonwealth of Ky. Transportation Cabinet (In re Shelbyville Road Shoppes, LLC), 775 F.3d 789 (6th Cir. 2015) – A chapter 7 trustee sought return of a “good faith” deposit made prior to bankruptcy in connection with…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Do Owners Have a Legal Obligation to Disclose All They Know About Their Project Sites?

Unanticipated subsurface conditions can greatly increase the time and cost of construction. When faced with such conditions, contractors understandably look to place responsibility for the additional costs on the owner. Owners,…more
| Commercial Law & Contracts, Construction Law, Zoning, Planning & Land Use

Texas Supreme Court Holds Builder’s Limited Defensive Participation in Litigation Did Not Waive Right to Compel Developer to Arbitrate

G.T. Leach Builders, LLC v. Sapphire V.P., 2015 Tex. LEXIS 273 (Tex. Mar. 20, 2015) This action arose after 2008’s Hurricane Dolly caused extensive damage to a luxury condominium project that Sapphire V.P., L.P. (“Developer”)…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law

Seventh Circuit Adopts Kansas Supreme Court Decision that FedEx Ground Misclassified Its Drivers as Independent Contractors as a Matter of Law

Wednesday, as anticipated, the U.S. Court of Appeals for the Seventh Circuit adopted the decision of the Kansas Supreme Court that FedEx Ground drivers, as a matter of law, were employees and not independent contractors under…more
| Labor & Employment Law

Pennsylvania Court Rules That Arbitrators Should Decide Whether An Arbitration Agreement Has Been Revoked

By strictly construing a court’s role to the questions of whether a valid agreement exists and whether a dispute falls within the terms of an arbitration agreement, the Pennsylvania Commonwealth Court’s decision makes clear that…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Summary of HUD's LEAN 232 Program E-mail Blast: Office of Residential Care Facilities (ORCF), June 24, 2015

The June 24, 2015 LEAN Email Blast contains information on the new protocol for release of R4R and NCRE, handling aged account receivables, clarification on UPL revenues, a 241(a) status update, a new IRR legal checklist and…more
| Construction Law, Finance & Banking, Health, Real Estate - Residential

Planning For Qualified Dividend Income When Taking Foreign Companies Public - Tax Update Volume 2015, Issue 2

Where Qualified Dividend Treatment Is Important, Serious Consideration Should Be Given to Ensuring the Company Is Eligible for Treaty Benefits Before Taking It Public. Dividends generally are taxed at ordinary income rates…more
| Commercial Law & Contracts, International Law & Trade, Securities Law, Taxation
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