Maryland

There’s No Elephant in This Mousehole: The Supreme Court Upholds State Court Jurisdiction Over Class Actions Brought Under the Securities Act of 1933

On March 20, 2018, the Supreme Court issued a unanimous decision in Cyan, Inc. v. Beaver County Employees Retirement Fund,[1] a case concerning the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which imposes certain limitations on class actions under the Securities Act of 1933 and the Securities Exchange Act of 1934.  The Court resolved […]

Jeffrey A. LiesemerMember, Caplin & Drysdale, Chartered

An Overview of Facebook’s Election-Related Disclosure Program for Advertisers

Last fall, Facebook announced a disclosure program for users of its platform specifically aimed at requiring disclosures for election-related advertising.  At the time, Facebook said that the program would be fully active by summer 2018, and Facebook has begun to roll out aspects of the program this month, including a training module and FAQ for […]

Jeffrey A. LiesemerMember, Caplin & Drysdale, Chartered

New York Enhances Disclosure of Online Political Ads and Requires Online Platforms to Create Archives

On April 18, 2018, Governor Andrew Cuomo signed the New York Democracy Protection Act—which expands the disclosure obligations for online political advertising in the State of New York and requires television, satellite, cable, radio stations, and providers, as well as online platforms—to verify advertiser registration with the New York State Board of Elections and, in […]

Jeffrey A. LiesemerMember, Caplin & Drysdale, Chartered

Is “Per Debtor” Better? Cases Analyzing Cramdown and Substantive Consolidation Reflect Ongoing Debate About Creditor Protections in Multi-Debtor Bankruptcies

By Kevin C. Maclay, Todd E. Phillips, and Caroline E. Parke Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case when a consenting class exists for only one of the debtors.  This implicates the important issue of de facto substantive […]

Jeffrey A. LiesemerMember, Caplin & Drysdale, Chartered

A Perpetrator of Fraud Cannot Hide Behind the Skirts of Bankruptcy

By:  James M. Hoffman and Joseph J. Bellinger An honest person who seeks bankruptcy protection is relieved of most of his or her debts at the conclusion of the proceedings, which is known as a “discharge” of debts.  The discharge is a cornerstone of the Bankruptcy Code and is intended to provide what the Supreme Court has referred […]

Howard K. KurmanPrincipal, Offit│Kurman

How to Avoid Sexual Harassment Claims

The topic of preventing sexual harassment is at forefront of our national conversation.  Allegations of sexual harassment have engulfed all industries, including, entertainment, news, Hollywood, and government.  In December, U.S. Supreme Court Justice John Roberts included in his annual state-of-the-federal-judiciary report the following astonishing statement: “We have a new challenge in the coming year.  Events […]

Howard K. KurmanPrincipal, Offit│Kurman

Telebriefs®: Employers Receiving More Demand Letters Regarding Sexual Harassment Claims

The U.S. Equal Employment Opportunity Commission (EEOC) has not seen a surge in sexual harassment complaints since the start of the #MeToo movement, but more employees have been threatening to sue their respective employers. The Acting EEOC Commissioner, Victoria Lipnic, recently spoke at the Society for Human Resource Management (SHRM) Conference in Washington DC and […]

Howard K. KurmanPrincipal, Offit│Kurman

Bankruptcy Wave Hits Retail: What Trade Creditors Need to Know

Part one of the Trade Creditor’s Corner series.   Toy’s “R” Us. The Limited. Hhgregg. Radio Shack. In 2017, the pace of chapter 11 retail filings picked up significantly. So did store closings by Sears and Kmart, J.C. Penney’s, and Payless Shoes, to name a few. The uptick in activity reflects increased competition between “bricks and clicks” retailers […]

Howard K. KurmanPrincipal, Offit│Kurman

Mid-Atlantic M&A Trends, Maryland’s New Paid Sick Leave Law, and More on My Radar in 2018

Believe it or not, we’re already three months into 2018. So far, this year has seen a mix of positive, tragic, and downright surprising news stories: residents of Hawaii received a missile threat alert that turned out to be a false alarm, Elon Musk sent a Tesla into space, the federal government shut down—twice, the Eagles won Super […]

Howard K. KurmanPrincipal, Offit│Kurman

Telebriefs®: “Love Contracts”- Can Employers Prohibit Relationships Between Employees?

According to a published 2017 survey by Career Builder, 41% of employees surveyed admitted that they have dated a work colleague or a peer within the past year. Many employers choose to prohibit relationships between employees, but there are “love” or relationship contracts that can be used to mitigate any issues that may arise from […]

Howard K. KurmanPrincipal, Offit│Kurman

Jeffrey Liesemer Discusses Chapter 15 and Cross-Border Bankruptcies on Strafford Webinar

March 29, 2018, 1:00 PM – 2:30 PM EDT Panelist: Jeffrey A. Liesemer Program: Chapter 15 and Cross-Border Bankruptcies: Representing Foreign and U.S. Debtors and Creditors Event Sponsor: Strafford Publications     Description Cross-border insolvencies are increasingly commonplace in today’s global economy. Chapter 15 respects the differences in insolvency laws of each jurisdiction while giving […]

Jeffrey A. LiesemerMember, Caplin & Drysdale, Chartered

Supreme Court Alert: The Court Provides Additional Guidance on the Appropriate Level of Review of Determinations of Mixed Questions of Law and Fact by the Bankruptcy Court

Todd E. Phillips, Kevin C. Maclay, and Jeanna R. Koski On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass’n ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, holding that bankruptcy court determinations regarding whether transactions are at arms-length are predominantly factual in nature, and thus […]

Jeffrey A. LiesemerMember, Caplin & Drysdale, Chartered