Kristie Rearick

March 07, 2018 | Delaware Business Court Insider

In In re Rent-A-Wreck of America, Bankruptcy Judge Laurie Silverstein dismissed voluntarily filed bankruptcy cases on the grounds they were not filed in good faith.

By Barry M. Klayman and Mark E. Felger

7 minute read

March 07, 2018 | Daily Business Review

The Tax Cuts and Jobs Act taken together have many business owners considering converting their business from a pass-through entity to a C corporation in order to take advantage of the 21-percent tax rate for corporations.

By Marvin A. Kirsner

5 minute read

March 06, 2018 | The Legal Intelligencer

Businesses in possible criminal violation of the U.S. Foreign Corrupt Practices Act (FCPA) may be inclined to reach for the olive branch that the U.S. Department of Justice (DOJ) recently extended with its new “FCPA Corporate Enforcement Policy.”

By Kyle R. Bahr and James L. Sanders

8 minute read

March 06, 2018 | The Legal Intelligencer

The U.S. Bankruptcy Code provides distressed companies an array of tools to reorganize their business affairs and restructure their debt.

By Andrew C. Kassner and Joseph N. Argentina Jr.

10 minute read

March 06, 2018 | Daily Business Review

Andrew Wein, Shareholder with Greenberg Traurig in West Palm Beach.The U.S. Court of Appeals for the D.C. Circuit recently issued its long-awaited ruling in the PHH v. Consumer Financial Protection Bureau case, finding the structure of the Consumer Financial Protection Bureau (CFPB) is constitutional, but reinstating the previous panel decision rejecting CFPB's interpretations of the Real Estate Settlement Procedures Act (RESPA) and the relevant statute of limitations.

By Andrew S. Wein

7 minute read

March 06, 2018 | The Recorder

In recent years, with the surge in the use of social media platforms such as Facebook, Snapchat and Instagram, married people's activities on these sites have either become the cause of divorce or been used as evidence in divorce cases.

By Marina Manoukian

6 minute read

March 05, 2018 | Corporate Counsel

Congratulations! You have just been hired as the new general counsel of Awesome, Inc. You are new to the company, the CEO is excited to have you on her team, and so you are starting the job with a healthy amount of political capital.

By Mike Evers

5 minute read

March 05, 2018 | The Legal Intelligencer

A survey was recently circulated among the Philadelphia Bar Association Probate and Trust Section attorney members seeking commentary on their experiences with clients who have accounts registered as transfer on death (TOD) or payable on death (POD).

By Amy Neifeld Shkedy and Rebecca Rosenberger Smolen

6 minute read

March 05, 2018 | Daily Business Review

For homeowners and condominium associations, enforcing their rules can be extremely challenging. Many communities are forced to contend with unit owners who are unruly and disruptive, and associations must be able to effectively bring their rights to bear in order to maintain uniform compliance.

By Michael L. Hyman

6 minute read

March 02, 2018 | The Legal Intelligencer

When the Supreme Court scrapped Conley v. Gibson's “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some courts frankly misconstrued Twombly and Iqbal to invite a Daubert-style “gate keeper” appraisal of complaints in which judges could (and should) prune claims that, based on their own personal experience with the subject matter at issue, appeared dubious.

By Carl W. Hittinger and Tyson Y. Herrold

10 minute read