You've worked in the trenches of the private or public sector, and now you've been granted the golden ticket, a job in the Biden Administration. Congratulations, your work has paid off, but you could find yourself opposite a subpoena in your future. What do you need to know in case of an investigation down the road?
When debt is forgiven, as much of the funding lent through the CARES Act’s PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the 1099-C when I forgive a PPP loan, or when we finalize a restructuring or settle a case alleging a violation of state or Federal lending law?
McGlinchey's Charles Adams (Houston) and Douglas Charnas (Washingto...
In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines becoming available, employers may be wondering, can I require my employees to get the COVID vaccine?
The Internal Revenue Service is often a significant creditor in a bankruptcy proceeding, frequently taking priority over other creditors. In this episode, Tax attorney Douglas Charnas (Washington, DC) and Financial Services attorney Sarah Edwards (New Orleans) discuss the case of Affirmative Insurance, which examined whether federal income tax liability was considered a pre-petition or post-petition debt.
Nine states, including Florida, have passed the Uniform Commercial Real Estate Receivership Act, what's called the UCRERA. Members of our Business and Real Estate practice groups Manuel Farach and Marshall Grodner discuss what this means for creditors, especially in a time when lending and credit are so uncertain.
The U.S. Supreme Court recently heard oral arguments on two potentially groundbreaking personal jurisdiction cases known as “the Ford cases.” In this third episode from our series on Personal Jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte (New Orleans) discuss their take on what they heard from the litigants and from the bench.
Election season is in full swing and the climate is certainly charged. In this episode, Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’ political and controversial speech, implications on employment, and what employers can do to discourage or discipline employees engaging in distracting activities inside and outside of the workplace.
Diversity and inclusion have been trending topics in the legal world for many years. The recent focus on social justice has cast a spotlight on those efforts. In this episode, McGlinchey’s Managing Member Rodolfo (Rudy) Aguilar joins Deirdre McGlinchey, chair of the firm’s Diversity Committee, to discuss the steps McGlinchey leadership has taken to engender a more equitable environment within the firm and throughout the legal commu...
Construction has been deemed an essential industry during this pandemic, but what do employers do when the Coronavirus hits their job site?
In this episode of More with McGlinchey, Mag Bickford and Zelma Frederick chat about the interesting intersection of employment law, and construction law when Covid is identified on a worksite, from shutdown and testing to compliance, budgeting, and flexibility, and other considerations for ow...
In the second installment of More with McGlinchey’s series on personal jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte discuss the potentially groundbreaking Ford cases pending before the U.S. Supreme Court. Given recent Court precedent, is personal jurisdiction forever changed? How far will the Court go on this? This episode presents the Ford cases in some detail, discusses potential outcomes, and closes with commentary...
Workplace theft can run the gamut from office supplies to petty cash to trade secrets. In this episode of “More with McGlinchey,” Labor and Employment attorney Camille Bryant and Dan Plunkett of the Commercial Litigation and White Collar groups discuss assessing what was stolen, investigating internally or with law enforcement, preparing for litigation, and setting the tone to prevent workplace theft.
To listen to all episodes of M...
Whether they’re federal, state, or local, when agents knock on your door with a search warrant, you've already had a bad day. With a few simple tips, you can keep it from getting worse.
In this episode of “More with McGlinchey,” members and co-chairs of the White Collar practice group, Bob Driscoll and Dan Plunkett, discuss what you should and shouldn’t say to agents, managing employees and media, and avoiding obstruction of ju...
Under the CARES Act, borrowers must be affected by COVID-19 and receive an “accommodation” for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to have been affected, nor is it expressly limited to accommodations provided because of the impact of COVID-19. Therefore, creditors must be careful when determining not only how to report accommodations (such a...
How is it that in 2020, we are still discussing personal jurisdiction? Wasn't this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear, Daimler, and Bristol Myers.
In this episode, McGlinchey Stafford members Rasch Brown, Gary Hebert, and Brian LeCompte discuss these questions and more as we await what promises to be a landmark ruling in a ...
During the Coronavirus, it’s been fun working from home, but many are returning to the trenches.
One of the issues we need to take a look at is employee benefits.
In this episode, McGlinchey Stafford Labor & Employment team members Kathy Conklin and Rasch Brown go into detail about employee benefits and work status, furloughs and leaves of absence, terminations, ability to pay premiums, employer mandates, matching programs, ret...
Confidentiality is fundamental to the client-lawyer relationship. It encourages candid communication between client and lawyer and assists the lawyer in more effectively representing the client.
In this episode, McGlinchey Stafford General Counsel, Christine Lipsey, discusses that, in the age of Coronavirus and work from home, there are additional factors for lawyers to consider. We all need to be especially sensitive to maintainin...
Government employees can find themselves in the middle of investigations and want to protect themselves. There’s no need to make this road any tougher than it has to be.
In this episode, McGlinchey Stafford partners and co-chairs of the White Collar practice group, Bob Driscoll and Dan Plunkett, discuss what government employees should do when they come under investigation and share three steps that can be taken to minimize headach...