Advances

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English Commercial Court: Article 30 of ICC Rules creates binding obligation to pay allotted share of advance on costs

The English Commercial Court has clarified the nature of an allotted share of an advance of costs pursuant to Article 30 of the ICC Rules 1998 (in broad terms the same as Article 36 of the ICC Rules 2012). The case is...more

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

D.C. federal court dismisses Morgan Drexen lawsuit against CFPB

A Washington, D.C. federal district court has dismissed the lawsuit filed by Morgan Drexen against the CFPB that alleged the Bureau’s structure was unconstitutional because it violated the Constitution’s separation of powers....more

FAQ: Making Wage Deductions to Recover Inadvertent Overpayment of Wages and Repayment of Advances to Employees

Can I make deductions from employee wages to recover overpayment of wages or repayment of advances given to my employees? When? How? These are questions that arise often for many employers. Until last year, such wage...more

Losses Caused by Oklahoma Tornadoes: Insurance Coverage Considerations

Perennial hurricanes and typhoons, isolated but powerful tornados, earth-quakes, and floods — the question is not whether, but where and when policy-holders will confront the next natural disaster. In all of these...more

Eagerly Anticipated Proposed Wage Deduction Regulations Announced by New York State DOL

Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The...more

The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the...more

Broad Advance Waivers of Future Conflicts and Galderma

Lawyers sometimes doubt the effectiveness of advance waivers of future conflicts, particularly when the waiver is broad and does not specify potential adverse parties or representations. The recent trend nationally, however,...more

Quick Quiz Answer: Recovering Loans Or Advances

The best answer to our January 9 Quick Quiz is, "$200". In declining percentage order, the responses were...more

Quick Quiz: Recovering Loans Or Advances

Gloria is a stock clerk for The Warehouse Company. She is paid on an hourly basis at the rate of $8.00 per hour. Gloria experiences a personal financial emergency....more

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