bankrupt files

Warning: Avoiding Bankruptcy Pitfalls Under the WARN Act  This article addresses the various ways in which bankruptcy and the WARN Act (Worker Adjustment and Retraining Notification Act) intersect in the Third Circuit.

Developments in Automatic Stay Litigation  Violations of the stay can result in damages, including damages for emotional distress and punitive damages.

Looking to Defraud Creditors? Talk to Your Foreign Subsidiary!  A recent Third Circuit opinion held that the transfer of assets by a foreign subsidiary of a debtor was not a fraudulent transfer under the Delaware Uniform Transfer Act.

HIPAA and the Stark Law Take Center Stage in ‘21st Century Oncology’  The automatic stay does not prohibit a governmental entity from enforcing health-care laws against a debtor.

When is a Package ‘Received’? The Answer Can Make all the Difference  The Third Circuit has become the first Circuit Court to squarely address whether receipt means the date of shipment or the date of physical possession by the buyer.