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THE BIG PROBLEM WITH SMALL PREFERENCES: The Inconsistent Application of the Small-Dollar Venue Exception Creates Opportunities for Knowledgeable Preference Defendants

  Vendors who sell goods to troubled businesses are often shocked when they are later sued by the debtor, a creditors’ committee or a trustee for the avoidance and recovery of preferential transfers. For the benefit of the uninitiated, the Bankruptcy Code permits the filing of lawsuits against creditors to avoid and recover payments on trad...

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Assisted Reproductive Technology: Who Gets Custody of Embryos?

Dealing with infertility and assisted reproductive technology is overwhelming.  Learning the acronyms (IUI, ART, IVF, ICSI) alone can seem daunting. Then there is the anxiety and fear that come along with the regular testing and attempted cycles.  There is the emotion that accompanies the desire for a child.  The women start to feel like t...

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Non-Compete Agreements and H-1B Visa Workers

Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends. Non-compete agreements are often presented to employees with access to intellectual property, trade secrets, customer li...

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Pennsylvania Supreme Court to Review Fluctuating Workweek Method for Overtime Compensation

The fluctuating workweek (FWW) method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week.  The FWW method has two components that reduce the amount of overtime payments due to eligible employees: (1) the “regular rate” used to compensate the...

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Supreme Court Rules Against Public Sector Unions, Disallows “Fair Share” Fees for Public Employees

Today the Supreme Court ruled, in a 5-4 decision, that public sector employees who are not members of a union cannot be forced to pay union fees covering the costs of collective bargaining (Janus v. AFSCME).  In doing so, the Court overruled a 1977 case that allowed these so-called “agency fees,” and held that these fees violated the free ...

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Tax Audit Risk for Nonprofit Hospitals is Rising

    Several months ago Senate Finance Committee members Chuck Grassley, R-Iowa, and Chair Orrin G. Hatch, R-Utah, stirred the hornets’ nest again for nonprofit hospitals by asking the IRS for answers regarding its oversight of nonprofit hospitals.  This request for information is expected to lead to additional IRS scrutiny of nonprofit hospi...

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What Should I Do With the House During a Divorce?

 The marital home is oftentimes a family’s greatest asset and therefore the division/sale of the marital home may become quite contentious. With that being said, there are only a few possible outcomes when discussing the sale/buyout of the marital home as follows: Continue Reading  

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New Jersey Employers Should Prepare for New Equal Pay Law Effective July 2018

Earlier this year, New Jersey Governor Phil Murphy passed  landmark equal pay legislation, which will take effect on July 1, 2018 and impact employers statewide.  The Diane B. Allen Equal Pay Act  (Act), expands employee rights under the New Jersey Law Against Discrimination (LAD), and prohibits employers from paying an employee who is a mem...

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Are Pets Considered Personal Property in a Divorce?

There is no question that pets can be – and often are – beloved members of the family.  Much as we love them, it probably doesn’t surprise anyone to know that in many jurisdictions pets are considered personal property in a divorce.  Delaware is one of those jurisdictions.  As a prior post explained, the Delaware Family Court favors ...

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Supreme Court Issues Narrow Ruling in Same-Sex Wedding Cake Case

On Monday, the U.S. Supreme Court reversed a ruling of the Colorado Civil Rights Commission (the “Commission”) that a cake shop violated the state’s anti-discrimination act by refusing to bake a wedding cake for a same-sex couple for professed religious reasons.  This case is the latest in a series of high-profile cases pitting the r...

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