News & Analysis as of

Artificial Impairment

Stikeman Elliott LLP

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Stikeman Elliott LLP on

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties...more

FordHarrison

“Animal Control”: Killer Bunnies and the War on Drugs in the Workplace

FordHarrison on

When you combine exotic and potentially dangerous animals, professional ineptitude, quirky colleague personalities, and the occasional office drug use, there is ample fodder for an employment law blog....more

Littler

Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

Littler on

Dear Littler:  We are a manufacturing company with facilities in multiple states.  We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use.  We are...more

Littler

Canada: How Can Employers Prepare for Edible Cannabis’ Impending Arrival to Physical and On-Line Cannabis Stores?

Littler on

When Canada’s Cannabis Act and supporting regulations came into force on October 17, 2018, Canada became the first major world economy to establish a legal framework at the federal level for the adult recreational use of...more

Buchalter

Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”

Buchalter on

In order to confirm a chapter 11 plan, at least one class of creditors whose claims are “impaired” must accept the plan. The concept of “impairment” is very broad. Under the Bankruptcy Code, a class of claims is impaired...more

Lewitt Hackman

Mile Marker: Google Beginning to Clear Legal Hurdles for Self-Driving Cars (but many more ahead)

Lewitt Hackman on

Can self-driving vehicles (SDVs) use the carpool lane? That may be a legal question for another day, as SDVs still have barricades to overcome before moving to the fast lane and becoming available commercially for consumers. ...more

Sheppard Mullin Richter & Hampton LLP

Lenders Beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation

In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held that the acceptance vote from a minimally and “artificially impaired” class...more

Perkins Coie

Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently issued two decisions that affect a borrower’s ability to confirm a bankruptcy plan, Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village...more

Troutman Pepper

Village At Camp Bowie: The Fifth Circuit Weighs In On Artificial Impairment

Troutman Pepper on

A key tenet of reorganization under Chapter 11 is that if the debtor’s plan impairs creditors, at least some of those creditors must agree to the plan. More specifically, “if a class of claims is impaired under the plan, at...more

King & Spalding

Fifth Circuit Rejects “Artificial Impairment” Standard in Confirmation of Single Asset Real Estate Plan

King & Spalding on

In a pro-debtor opinion released on February 26, 2013, the Fifth Circuit Court of Appeals held that a debtor may “artificial impair” claims in a class to obtain an impaired and accepting class of claims as required by section...more

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