Civil forfeiture allows the government — typically police or other law enforcement — to seize and keep or sell property that is allegedly involved in a crime or illegal activity. While civil forfeiture law varies between...more
Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more
On May 9, in Culley et al. v. Marshall, the Supreme Court ruled that the U.S. Constitution does not require a preliminary hearing in civil forfeiture cases involving personal property for claimants to raise the “innocent...more
Im Falle von Massenentlassungen hat der Arbeitgeber eine Vielzahl von Formalitäten zu beachten. Unter anderem muss der Arbeitgeber den Betriebsrat durch eine Mittelung informieren. Zusätzlich fordert das Gesetz, dass der...more
The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more
Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more
A recent New York County Supreme Court decision has temporarily halted a mezzanine UCC foreclosure sale by granting the borrower’s request for a stay based on allegations that the terms of the mezzanine foreclosure were not...more
The Netherlands is planning to adopt new restructuring legislation, allowing for court confirmation of extrajudicial restructuring plans (Wet Homologatie Onderhands Akkoord, or WHOA). The bill combines features of the U.S....more
KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER DUTCH LAW - I. Insolvency proceedings in The Netherlands - There are three law-regulated insolvency proceedings in The Netherlands: bankruptcy...more
In Greek law, there are several types of proceedings addressing the inability of a merchant debtor (either a natural person or a legal entity) to pay its debts. On one hand, there are Bankruptcy and Special Administration,...more
Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena)....more
Administrative Law Judge (“ALJ”) Charles Moulton issued Order No. 2 in the C & H Hog Farms, Inc. (“C & H”) Arkansas Pollution Control and Ecology Commission (“Commission”) proceedings which denied C & H’s Motion to Continue...more
C & H Hog Farms, Inc., (“C & H”) filed a December 7th Motion to Continue Preliminary Hearing (“Motion”) that had been scheduled by Administrative Law Judge Charles Moulton. See Docket No. 18-004-P. C & H is challenging the...more
Typically, once a landlord files a lawsuit for eviction, the tenant is required to pay rent into the court’s registry if it seeks to remain in possession of the property during the lawsuit. However, if the tenant disputes...more
Presented by John R. Morken, Esq. to the Surrogate’s Association of the State of New York, May 2018. Introduction - A great deal of the evidence offered at a trial or hearing in the Surrogate’s Court is hearsay, or at...more
When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”. One reason for that saying, of course,...more
So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to exchange discovery by dates certain. The purpose of these orders is to save parties a significant...more
Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility. 1. Design the Process at the Preliminary Conference The preliminary conference is a...more
As we all know, a federal judge blocked the Final Rule from the Department of Labor (“DOL”) that would have roughly doubled the salary threshold for executive, administrative and professional exempt employees. Now, the DOL...more
A hearing has been scheduled for November 16, 2016 in a Texas federal court to decide whether an injunction will be issued to block the substantially increased salary threshold to qualify as exempt under the new overtime...more
The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more
The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more
AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more
Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary...more
New procedural rules to take effect and tribunal fees to be introduced on 29 July 2013. On 3 June, the UK government published "The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013" (the New...more