News, Insights & Events

Avoiding Commercial Lease Disputes

April 23, 2019
Clearly Reflecting the Intent of the Parties is Key!
Eric Remington, Ward and Smith, P.A.

Entering into a clearly drafted lease agreement at the outset of the relationship helps to set expectations, which minimizes the possibility of disputes over how the lease should be interpreted

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Don’t be Late – Filing Proofs of Claims in a Bankruptcy Case

April 21, 2019

Paul Hammer - KRCL - When a creditor is notified that a debtor has filed for bankruptcy, the creditor should be careful to determine whether it needs to file a Proof of Claim in the case to preserve its rights to receive payments from the bankrupt estate. This article goes over the importance of a creditor acting in a timely and proper fashion and preserving its rights in the bankruptcy process.

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What Tax-Exempt Entities with No Million-Dollar-Plus Employees Should Know About Section 4960 Excise Taxes

April 17, 2019
Sharon Freilich, Pullman & Comley

The Tax Cuts and Jobs Act of 2017 added several new provisions to the Internal Revenue Code (the “Code”) which impose new excise taxes on tax-exempt entities. One of these new provisions is Code Section 4960, Tax on Excess Tax-Exempt Executive Compensation.

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Your Opinion Matters: Submit Comments to a Newly Proposed Federal Overtime Rule

April 14, 2019

Emily Green - KRCL - Under the Fair Labor Standards Act (FLSA), employees must receive at least time and one-half their regular pay rate for all hours worked over 40 in a workweek unless an exemption applies. For an exemption to apply, an employee’s specific job duties and salary must meet certain minimum requirements under the FLSA.

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Proceed with Caution! Understanding Ipso Facto Clauses In Bankruptcy

April 11, 2019

Paul Hammer - KRCL - The phrase ipso facto is Latin for “by the fact itself.” Ipso facto clauses are sometimes included in lease and purchase contracts, and they assert that if the lessee or purchaser becomes insolvent, or files for bankruptcy protection, then the contract has been breached. In other words, under such a clause the very act of filing for bankruptcy protection constitutes a breach of contract that absolves the other party of any further contract obligations.

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New York Amends Law Regarding Employee Paid Time Off to Vote

Labor and Employment Law
Theresa E. Rusnak, Bond, Schoeneck & King
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What! My Flood Policy Doesn’t Cover Flood Damage?!

April 4, 2019
This, and Other Pitfalls of NFIP Flood Insurance Policies
Michael J. Parrish, Ward and Smith, P.A.

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in higher-risk areas.

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Brexit - Check up your REACH Compliance!

April 4, 2019
Dr. Markus Wintterle
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Navigating The Crucial Initial Days Of A Chapter 11 Filing – First Day Motions

April 4, 2019

Paul Hammer - KRCL - The initial stage of a Chapter 11 filing is the most crucial and debtors must be ready for the tactics of aggressive creditors and stakeholders jockeying for priority in the restructuring proceedings. As part of this phase, “first day motions” are typically filed on the first day of a case.

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Weathering the Weather: Severe Weather Events and the Housing Market

April 3, 2019
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Decoding the Petroleum Marketing Practices Act (PMPA) as It Pertains to Bankruptcy

March 28, 2019

Paul Hammer - KRCL - A gasoline retailer defaults on its obligations under an ongoing Franchise Agreement that it has with a brand name in the oil & gas industry. What steps are available to the franchisor to protect its economic interests in that particular station or station(s)?

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GDPR Basics for Mortgage Professionals

March 27, 2019
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