Litigation

Answers to your bankruptcy questions
Thursday, June 11, 2009

Corporate bankruptcy cases are popping up left and right, with the prospects of more to come. More and more individuals and companies are considering all of their financial and legal options. If you've been doing business with, are on the board of one of these companies, or if you are considering seeking court protection from creditors, click through for answers to some frequently asked questions. We'll also tell you what happens if you own a Chrysler car under warranty now that the automaker has filed for Chapter 11 bankruptcy protection.

 
Don't cry over "spoliated" milk
Wednesday, May 13, 2009
I know... there must be a typographical error in the title. Nope - it's spelled correctly and, for those facing litigation, that strange-looking word can mean the difference between winning and losing. And nowhere is there a greater possibility of this occurring than in handling electronically-stored information (ESI). Electronic evidence is an unavoidable juggernaut bearing down on the legal system. Failure to comply with the increasingly complex and burdensome document retention and preservation principles can produce prodigious sanctions for the non-compliant party. Click through for details.
 
Divorce & Bankruptcy: fraternal (but not identical) twins
Monday, January 19, 2009
When The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("Act") became effective, the law made sweeping and significant changes. You may not realize it, but divorce and bankruptcy frequently converge -- and yet there is an inherent conflict between the two. This article explores that conflict and the forms of relief provided to parties seeking to end their marriage. The primary problem with the pre-Act law relates to inter-spousal discharge of debts and support obligations. Before enactment of the law, the bankruptcy process was frequently seen and used by many as a tool to avoid family support obligations imposed upon them by the court order after a marital dissolution. The Act has provided divorced individuals and related parties far greater protection than previously afforded. Please click through for details.
 
Put controls in place to deter fraud before it is too late
Wednesday, December 5, 2007
How much money did your company lose last year to fraud? According to research conducted by the Association of Certified Fraud Examiners (ACFE), American organizations lose an estimated 5 percent of annual revenues to fraud. Despite increased emphasis on anti-fraud controls and recent legislation to combat fraud, an estimated $638 billion was lost due to occupational fraud in 2006. Fraud in the workplace occurs in a variety of ways, from billing, expense reimbursements, and skimming to non-cash schemes, among others. There are ways you can guard your company against fraud, preventing it before it happens. Do you have the internal controls in place to protect your business? Click through for more details about occupational fraud and how you can proactively prevent your revenues from illegitimately disappearing by way of your employees.
 
EXIT INTERVIEWS: IS YOUR EXIT SIGN RED, YELLOW OR GREEN? Part 2
Tuesday, December 21, 2004
Click here to download this article. This article is the conclusion to Part 1, published a couple of months ago, in which I left y
 
EXIT INTERVIEWS: IS YOUR EXIT SIGN RED, YELLOW OR GREEN? Part 1
Thursday, October 28, 2004
Click here to download this article.  Part 1.  It is the purpose of this article to provide a framework to both understand and structure less risky exit interviews because, as legal decisions bear out, risk management begins at home.  You need only measure the ever-increasing number of wrongful discharge and retaliatory action cases filed against employers around the country to develop a sense that, somehow, the exit interview should begin with the employer’s representative saying, “I have the right to remain silent.  Anything I say can, and will, be used against me in a court of law…” A self-imposed Miranda warning seems appropriate, if not vital, in today’s litigious environment.