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HTMLEastern District of New York Holds That "Forced Vesting" of Title to Collateral Is an Impermissible Modification of a Secured Creditor's Rights
Duane Morris LLP;
Legal Alert/Article
August 2, 2016, previously published on April 21, 2016
In In re Zair, 2016 U.S. Dist. LEXIS 49032 (E.D.N.Y. Apr. 12, 2016), the U.S. District Court for the Eastern District of New York became the latest to take sides on the emerging issue of “forced vesting” through a chapter 13 plan. After analyzing Bankruptcy Code §§ 1322(b)(9)...

 

HTMLUpdate on Visa Waiver Program Implementation
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 28, 2016
The United States has implemented changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):...

 

HTMLEmployee's Unauthorized, Wholesale Copying of Company Data Ruled Insufficient to Terminate Employee for Cause
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 8, 2016
On February 4, 2016, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that an employee’s copying of confidential data from his company computer to a private backup service was a breach, but not a material breach of his employment agreement. EventMonitor, Inc. v. Leness,...

 

HTMLUSCIS Publishes Proposed Regulations Codifying Many of Its Existing Administrative Policies with Some Modifications: Comment Period Ends on February 29, 2016
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 22, 2016
On December 31, 2015, U.S. Citizenship and Immigration Services (USCIS) published proposed rules in the Federal Register. Many of the proposals codify existing USCIS administrative memoranda and decisions with some modifications. The following are some of the key proposals.

 

HTMLFlorida Second District Court of Appeal Weighs In on Consumer Collection Practices Laws
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 3, 2016
Many states have enacted consumer collection practices laws that impose additional hurdles for lenders in their efforts to collect debts and foreclose mortgages. A Florida appellate court has just addressed what it considers may be a case of first impression in Florida: whether a collection...

 

HTMLPennsylvania Announces Planned New Methane Rules
Seth V.D.H. Cooley; Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 2016
On January 19, 2016, Pennsylvania Governor Tom Wolf announced a “nation-leading strategy” to reduce emissions of methane associated with natural gas production, processing and transmission. Citing the fact that Pennsylvania is the second-largest producer of natural gas in the nation...

 

HTMLCalifornia Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor's Schedules and Sworn Testimony
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 11, 2016
On November 5, 2015, the United States Bankruptcy Court for the Northern District of California issued a “Memorandum re Plan Confirmation” in In re Bowie, Case No. 15-10144 (Bankr. N.D. Cal. Nov. 5, 2015), holding, among other things, that a debtor was precluded from arguing that real...

 

HTMLWage and Hour Division Weighs in on Joint Employment
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on January 27, 2016
Administrator David Weil of the U.S. Department of Labor’s Wage and Hour Division (“WHD”) recently issued an “Administrator’s Interpretation” setting forth the WHD’s view on how joint employer relationships are established under the Fair Labor Standards...

 

HTMLNew York's New $15 Minimum Wage Plan
Duane Morris LLP;
Legal Alert/Article
July 28, 2016, previously published on April 29, 2016
On April 4, 2016, New York Governor Andrew Cuomo signed legislation enacting a statewide $15 minimum wage plan.

 

HTMLWhat's New in the Tax World - Tax Extenders Extended, Once Again
Duane Morris LLP;
Legal Alert/Article
July 28, 2016, previously published on January 19, 2016
On December 18, 2015, President Obama signed into law the Consolidated Appropriations Act, 2016, including the Protecting Americans from Tax Hikes Act of 2015 (PATH) that extended the “extenders”-a varied assortment of more than 50 individual and business tax deductions, tax credits and...

 


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