With consistent weakness in department stores’ fourth quarter financials being widely reported in recent weeks, there’s quite a bit of buzz in the insolvency community that some form of a retail bankruptcy boom may be looming. In January, Macy’s and Kohl’s downgraded their earnings guidance following a 2.1% year-over-year decline in same-store sales in November and December, and Sears reported…
In the Fall of 2016, the Commercial Division of the New York Supreme Court announced a series of proposed revisions to the Rules of the Commercial Division (22 NYCRR 202.70[g]), which govern civil commercial practice in the state’s county-level trial courts. While four of the six new rules proposed are largely technical and procedural, two of the rule changes may…
Cavitch is pleased to announce that Tim Warner and Matt Henoch recently won an arbitration award in the excess of $400,000 on behalf of their corporate client in a hard fought closed corporation shareholder dispute. The award is even more amazing given the fact that Cavitch’s client was the defendant in the dispute. The other side sued Cavitch’s client and…
I recently was shown a letter from an assisted living facility giving the opinion that my client could deduct 17% of the payments made to the facility the year before. They estimated that was the “medical” portion of the charges. Unfortunately this advice was apparently sent to all the residents of the assisted living. I say unfortunately because for a…
Medicare Part A covers skilled nursing home benefits (up to 100 days) but only after the beneficiary has been admitted to a hospital for three days. Medicare and Hospitals have been relegating people to “observation” status for days or sometimes even weeks, rather than actually admitting the patient. The outcome of this is that Medicare will not cover a nursing home…
Ohio Law Allows an Employer to Sue an Errant Employee In The Absence of an Employment Agreement Some business owners are under the false impression that if they do not have a written employment agreement with an employee, replete with non-compete, non-solicitation or other like clauses, they have no recourse to stop or demand damages from an errant employee. As…
OBTAINING RESTRAINING ORDERS AND INJUNCTIONS IN CIVIL BUSINESS LITIGATION In many civil disputes, it is simply not enough for a party to file a Complaint against another party and await a trial, a year or more later, in the hopes of obtaining relief. When faced with an immediate, irreparable harm, a plaintiff’s remedy is to file a motion for a…
Arbitration has been touted as a cure all for businesses over the years. As part of the arbitration push, the business community has been urged to add clauses into contracts mandating the arbitration of all or specific disputes. Having taken the trouble to add arbitration clauses into their contracts, it is concerning to occasionally see the clauses ignored by businesses…
