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News, Insights & Events
Many of the attorneys in the Law Firm Alliance author articles and thought leadership pieces on important topics and trends covering a wide variety of practices.
While these articles are correct on matters of law when they are produced, verdicts, rulings, legislation and other actions may affect the applicability of some of the information. Please consult your legal advisor before making decisions on the information you read here.
Articles
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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New York's Highest Court Upholds "13 Hour Rule" for Home Health Aides Working 24-Hour Shifts
Labor and Employment Law
Michael D. Billok and Mary E. Aldridge, Bond, Schoeneck & King
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Virginia Caps Supplier Liability in Major IT Procurement Contracts
March 27, 2019
Bobby N. Turnage, Jr. ,
Sands Anderson PC
Sands Anderson Cybersecurity & Technology Team Leader Bobby Turnage writes on a new Virginia law that will affect major information technology supplier procurement contracts.
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Avoiding Commercial Lender Liability Claims by Distressed Borrowers | FFS Insights
March 26, 2019
Part One: A Strong Pre-Negotiation Letter
Jeffrey S. Goodfried
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The Troubling Intersection of Royalty Disputes and Consumer Protection Laws
March 26, 2019
Thomas G. Ciarlone, Jr. - KRCL - In the normal course, when landowners believe they have been underpaid royalties under an oil-and-gas lease, they sue individually. Most of the time the core claim is for breach of contract (notwithstanding that royalty-underpayment petitions are often littered with tertiary, throw-away causes of action that no one takes very seriously). As I have written in the past, however, decisions like this one from November out of the Fifth Circuit are making it easier for private litigants to ratchet up the pressure on operators by styling their complaints as putative class actions.
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