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Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Because bankruptcy filings were up over the past several years, debtors and trustees in those cases are now at the point of filing preference lawsuits in bankruptcy courts across the country.  Relying on Section 547(b) of the Bankruptcy Code, plaintiffs in these lawsuits seek the return of funds received from ... Read More »

Roetzel Recap: Labor Relations

Roetzel Recap: Labor Relations

Company Requesting Specific Level of Production before Wage Increases Forced to Open Books to Union A metal processing company and the United Steel Workers (USW) were engaged in protracted negotiations in an attempt to obtain their first contract. During bargaining, the Company stated that it had to retain a specific ... Read More »

The ‘entire agreement clause’ vs. the Haviltex standard

The ‘entire agreement clause’ vs. the Haviltex standard

Commercial contracts often contain an ‘entire agreement clause’. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties and usually reads along the lines of: “This agreement constitutes the entire agreement between the parties”. This article discusses the effect of an entire agreement clause ... Read More »

U.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of Workers

U.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of Workers

The United States Department of Labor has signed a three-year Memorandum of Understanding (MOU) with the Vermont Department of Labor that is designed to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. According to the agreement, the agencies are attempting to more effectively and ... Read More »

Mass layoffs – who counts?

Mass layoffs – who counts?

Managing directors and interns are considered employees according to § 17 of the German Protection Against Dismissal Act (KSchG) (European Court of Justice, decision dated July 9, 2015 – C 229/14) In the case pending before the Labor Court Verden, the parties disagree about operationally-related terminations. Including the plaintiff, the ... Read More »

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