Claims alleging misclassification under the inside sales exemption have received less attention than most other claims, but the inside sales exemption is not well understood by many employers, resulting in frequent misclassifications and potential liability. read more
Financial Institutions & Creditors' Rights Client
Better Get It In Writing: Supreme Court Decision Reminds Creditors Not to rely on Oral Statements Respecting an Individual's Financial Condition
The United States Supreme Court recently decided that an individual debtor who makes false statements to a creditor respecting his future ability and willingness to pay a debt could file for bankruptcy, even if his false statements respecting his financial condition are not made in writing. read more
While business bankruptcies have hit historic lows since the Great Recession, market developments and changes in the legal landscape suggest these numbers are due to rise. read more
Financial Institutions & Creditors' Rights Client
Lender Foreclosing On Leasehold Not Liable As Tenant Without Express Lease Assumption
A recent California court case underscores the need for a landlord to insist that a tenant's lender assume the lease following foreclosure, and simultaneously highlights an opportunity for a lender foreclosing on a leasehold to limit its liability under the lease. read more
Financial Institutions & Creditors' Rights Client
Recent Court Decision Exposes Banks To Preference Liability For Payment Of Overdrafts
Recently, the Eighth Circuit Court of Appeals issued a ruling that overdraft payments advanced by Banks which are later repaid by their customer constitute preferential transfers under the Bankruptcy Code. read more