Posts Tagged ‘state law’
Hybrid Independent Contractor Model Emerges
Uber, Lyft and DoorDash have successfully obtained the CA vote to retain their workers as independent contractors, but they conceded to providing some “employee” benefits to obtain this milestone vote. This may be the beginning of a new model for independent contractor talent hiring in the growing gig ecosystem.
Read MoreIs a PA Gaming License property that can be clawed back in bankruptcy?
The Commonwealth of PA was recently permitted to sustain revocation of a debtor’s gaming license and keep the $50M paid per state forfeiture laws, as a license is considered a privilege versus reclaimable property. This is yet another example of the intricacies of pre-bankruptcy planning, as lawyers and debtors collaborate to re-tool with minimal friction.
Read MoreDemystifying Bankruptcy: More on tenant tips
Filing for bankruptcy can help a tenant break a long-term above-market lease, as bankruptcy law provides the tenant with a special cap on damages at three years rent. Planning ahead is key, and on the flip side, a landlord can head off a potential major loss by keeping tabs on its tenants’ financial portfolios as…
Read MoreDemystifying Bankruptcy: Filing for bankruptcy can never cause a contract default
For example, a typical clause in leases states that a tenant’s filing for bankruptcy causes a default, allowing the collection of remedies. This is merely a scare-tactic and is known as an ipso facto clause that has zero legal effect. In fact, a bankrupt tenant can even make the unilateral decision to continue the lease.
Read MoreDemystifying bankruptcy: Start your prep 3+ months ahead
Planning is key. Payment by an insolvent entity for old debt is known as a “preference,” and the creditor may have to disgorge in bankruptcy if it received a greater payout than it would in Chapter 7. As the key to bankruptcy is equitable distribution, the creditor will be paid only its pro rata share. To…
Read MoreTips for Client Management of Financial Distress Issues: How can you help your business and individual clients who find themselves at risk?
Women Owned Law, December 7, 2018
Read MoreNew Student Loan Consumer Group is Taking Initiative
A new student loan consumer watchdog group is taking initiative to help and protect student borrowers in the absence of government action. This non-profit consumer group is led by people who quit the Trump administration Consumer Financial Protection Bureau and hope to serve as a check on the student loan industry. Known as the Student Borrower Protection…
Read MoreWBLA’s Inaugural Trek to NY Law Firms!
I am so excited to help launch the Wharton Business Law Association’s first trek to visit New York law firms! Thanks and kudos to my sister network Women Owned Law hostess attorneys — Wendy Schwartz of Binder & Schwartz, Nancy Mertzel of Mertzel Law PLLC and Helene Pangalos of The Law Office of Helene Pangalos —…
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