One of the more common issues faced by employers and hiring managers when seeking new employees involves job applicants’ criminal backgrounds and histories. One of the reasons this remains a prevalent issue is due to the commonality of Americans with criminal records, which the Bureau of Justice Statistics estimates includes 80 million Americans, or roughly...

Retaliatory discharge is a claim that an employee was fired, not for a legitimate business reason, but rather in retaliation for the employee taking some legally protected action such as: making a workers’ compensation claim, taking FMLA leave; or reporting harassment, unsafe working conditions, or some other illegal activity. Wrongful termination lawsuits are unique. In...

Real Estate often serves as the primary collateral for a loan, and for good reason. Compared to personal property, real estate tends to depreciate less, cannot be absconded with, and oftentimes is simply more valuable than items of personal property. For this reason, lenders usually take significant efforts to ensure they obtain a first priority...

This article is intended to be a “refresher” on how lenders can avoid conversion claims in connection with certain jointly payable negotiable instruments. Certain types of negotiable instruments (e.g., jointly payable checks) can benefit lenders, as demonstrated in the hypothetical below, but these instruments can also cause a lender problems if these instruments are not...

In a case decided Wednesday, February 23, 2023, the U.S. Supreme Court held that a Chapter 7 bankruptcy debtor is precluded from discharging in bankruptcy a debt obtained by fraud, regardless of the debtor’s own personal knowledge of or culpability in the fraud, at least where the fraud was committed by an agent or partner within the...

An often overlooked component of an estate for the purpose of calculating estate tax are the death benefit of and cash value in a life insurance policy. Even though these benefits may go to a child or other third person designated as a beneficiary on your policy, you and your spouse should take the value...

With the return of Democrat control of the National Labor Relations Board, the pendulum is swinging back so fast, it might hit some employers on the chin. In particular, the NLRB is undoing many of the changes made by the Trump NLRB as to employee handbooks. Before we get to the changes, let’s cover how...