Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - CRIMINAL...more
Section 4043 of the Employee Retirement Income Security Act of 1974 (ERISA) requires pension plan sponsors to report a variety of corporate and plan events to the Pension Benefit Guaranty Corporation (PBGC). In November...more
ERISA plan sponsors, and employers more broadly, have been anxiously awaiting two rulings from the U.S. Supreme Court that they hope would clarify the ability to enforce class action waivers in arbitration agreements....more
DLJ Mortgage Capital, Inc. v. Fox, 4D12-2264 (Fla. 4th DCA 2013) - This petition arose from a residential mortgage foreclosure action....more
In Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, ___F.3d ___, 2013 WL 1943338 (10th Cir. (Kan.) May 13, 2013), the United States Court of Appeals for the Tenth Circuit broadly applied the definition of...more
The Secretary of Homeland Security, Janet Napolitano, has extended Temporary Protected Status (“TPS”) for eligible nationals of El Salvador for an additional 18 months, beginning Sept. 10, 2013, and ending March 9, 2015. ...more
1. Introduction - When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the...more
The Seventh Circuit dismissed a former employee’s claim for additional pension benefits after concluding that a release agreement he signed had waived any claims that arose prior to the signing of the release and his claim...more
On May 3, 2013, the Florida House of Representatives unanimously passed the Florida Revised Limited Liability Act (the "New Florida Act") in the form of amended House Bill 1079. The companion bill, Senate Bill 1300, was...more
The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more
Over the years, CMS and its contractors have wrestled with how days approved under a Medicaid demonstration project should be counted, if at all, for purposes of the Medicare disproportionate share hospital (DSH) calculation....more
When born in a hospital, a baby is routinely given a hepatitis B shot, a vitamin K injection and an application of ointment in the eyes. In all states, a parent can refuse these treatments. It is best to use a waiver signed...more
Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more
In New Millennium Homes, Inc. v. Texas Community Bank, NA, a debtor appealed a summary judgment granted to a lender based on a deficiency claim. No. 09-12-00073-CV, 2013 Tex. App. LEXIS 1598 (Tex. App.—Beaumont February 21,...more
This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more
In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more
The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development)...more
Occasionally, a corporation may find itself with no directors and no management. Yet, the corporation does not cease to exist. One might wonder what use can there be in a corporation deprived of head and limb. In...more
The US Departments of Labor, Health and Human Services (HHS), and the Treasury (the “Agencies”) jointly issued yesterday a document entitled “FAQs about the Affordable Care Act Implementation Part XV” (“FAQs”) addressing four...more
Two of Mercy Health System’s hospitals (Nazareth Hospital and the former St. Agnes Medical Center) successfully challenged, before Judge Ludwig of the U.S. District Court for the Eastern District of Pennsylvania, the...more
On April 18, 2013, the Federal Communications Commission (FCC) Media Bureau granted Charter Communications a two-year waiver of the “integration ban” requirement (that most leased set-top boxes include CableCARDs), in order...more
After receiving many comments on its Draft Call Letter, CMS published its Contract Year 2014 Final Call Letter on April 1, 2013. The Final Call Letter addresses a wide variety of issues that will affect all parties involved...more
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
I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog. It made me think about a real evidentiary...more
The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s...more
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