When seeking approval of a settlement in a bankruptcy case, the usual vehicle for approval is the filing of a motion pursuant to Bankruptcy Rule 9019 and a subsequent hearing. While Rule 9019 and case law require certain factual and legal thresholds be established to gain the approval, the Rule does not specifically require
Arbitration is popular alternative dispute resolution mechanism, which allows parties to structure litigation in a manner that theoretically streamlines the process, cuts costs, and helps them obtain an expeditious resolution of a dispute. However, a party’s ability to structure an alternative dispute resolution mechanism is not without limits. For example, the decision of the Fourth Circuit Court of Appeals in Heyes v. Delbert Services Corp., 2016 WL 386016 (4th Cir. Feb. 2, 2016) demonstrates the importance of drafting contracts that comply with applicable law.
The Eleventh Circuit’s recent decision in Ullrich v. Welt (In re NICA Holdings, Inc.), Case No. 14-14685, 2015 WL 9241140 (11th Cir. Dec. 17, 2015) demonstrates the importance of carefully selecting legal regimes when deciding to place a company in an insolvency proceeding, such as an Assignment for the Benefit of Creditors (“ABC”), a bankruptcy proceeding, or possibly both with one as an alternative.
A recent decision by the United States District Court for the Middle District of Florida alerts individual managers, companies operating lodging properties, and related entities to potential liability under the Fair Labor Standards Act (“FLSA”).
A growing number of investment opportunities across the real estate industry, continued foreign investment in the South Florida market and sustained gains in the U.S. economy underline a sense of optimism among industry leaders looking toward 2016, according to a new survey released today by Berger Singerman, Florida’s business law firm.