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Labor, Employment and Benefits: Alert - February 6, 2012

The U.S. Supreme Court recently denied an employer’s request for review of a decision by the U.S. Court of Appeals for the Eighth Circuit, which held that tipped employees spending more than 20 percent of their time performing related but non-tipped duties must be paid the full minimum wage for that time, without the tip credit.

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Construction: Alert - January 30, 2012

For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee. However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute § 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.

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Articles & White Papers
Maritime

In the Bunker: Directors' and Officers' Conduct During a Time of Company Crisis
 

International Bar Association

March 26, 2010
 
James "Jim" Hohenstein- New York

Maritime and Bankruptcy and Creditors' Rights Partner James Hohenstein presented a paper titled, "In the Bunker: Directors' and Officers' Conduct During a Time of Company Crisis" at the IBA International Maritime Law Conference: Shipping in the New Financial Era.

When a company is insolvent, creditors look to any available "deep pocket," which can include a company's directors and officers. Indeed, as a company operates near insolvency or is insolvent, the creditors are entitled to the fiduciary obligations of directors and officers. While litigation against these individuals is all too common, most cases have a logical outcome: self-dealing, preferential treatment and fraud are punished but those who act in good faith, even if unsuccessful, will be vindicated. This paper examines the relevant issues under U.S. law. To read the full paper, please visit the link below.

READ: In the Bunker: Directors' and Officers' Conduct During a Time of Company Crisis

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