Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
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
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
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
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
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
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
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
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
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
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