This manual is an introduction and primer to the Commercial Lien Strategy. It does not pretend to be the final word on the subject. The authors and editors have synthesized material from several sources. We have organized it into a form that should be comprehensible to the average reader.
In the case, Morris v. Ernst & Young, LL, Ernst & Young required employees to sign employment contracts containing a “concert action waiver” which forced workers to arbitrate their claims against the company individually. The United States District Court for the Northern District of California previously ordered the claims to be arbitrated individually pursuant to their agreement. Shortly after, the plaintiffs’ filed an appeal with the U.S. Court of Appeals for the Ninth Circuit claiming their right to engage in “concerted activities for the purpose of collective bargaining and other mutual aid or protection" had been violated.
The climax of the 2008-2009 financial crises, the largest ever since the Great Depression of the 1930s, witnessed the near collapse of multibillion-dollar industries in the United States. Concerns over the economic impact of the possible collapse of these industries compelled the then administration and Members of Congress to seek legislative options to salvage them. Consequently, two of the industry biggest players in the auto industries, General Motors and Chrysler, were offered financial support by the government and in return, shareholders and other stakeholders had to make necessary sacrifices in order to fundamentally restructure their businesses and commit to the tough decision of returning the companies to financial viability. In
* In the case with Coleen Colombo and colleagues resisting mortgage fraud there is evident of fight or flight present. When our fight or flight system is activated, we tend to perceive everything in our environment as a possible threat to our survival. By its very nature, the fight or flight system bypasses our rational mind—where our more well thought out beliefs exist—and moves us into "attack" mode. This state of alert causes us to perceive almost everything in our world as a possible threat to our survival. As such, we tend to see everyone and everything as a possible enemy. Like airport security during a terrorist threat, we are on the
Facts: In January 1992, Jesse and Deborah Howell (“debtors”) retained Danna Archer to represent their “personal interest, including…interest in their wholly owned corporation, Debbie’s School of Beauty Culture (“school”)” (In re Howell, 1992). A month later, the debtors voluntarily filed for Chapter 13 Bankruptcy. The debtors retained Nelson Jones, who is not affiliated with Archer, to file Chapter 11 Bankruptcy on behalf of the school. In March, the debtors Chapter 13 Bankruptcy case was converted to Chapter 11, and Archer filed a motion for a Joint Administration for the two estates. The motion was granted in May. Archer ceased legal representation of the school due to the theoretical conflicts of interest the following month. In October, 1992, the joint administration was granted a motion to discontinue. Archer is seeking $21,015.97 for legal fees and expenses. $14,587.42 was granted as it stemmed from the personal bankruptcy case. $6,428.55 was taken under advisement as the amount relates to fees accrued from representing the school (In re Howell, 1992).
You consent and agree that the Lender may at any time assign or otherwise transfer to any person, and can deal in any manner with, all or any part of its rights, obligations or interest under this Guarantee and Indemnity, a loan contract or any security. If the Lender chooses, it can do this by “novation” (meaning that a new contract is formed with a third party substituting for the Lender). In exercising these powers, the Lender may, subject to any relevant law, disclose to any person information about you, this Guarantee and Indemnity, a loan contract or any security.
For many years, the American dream has been deteriorating for several reasons. Paul Krugman, author of “Confronting Inequality,” blames the “inequality of our income distribution.” He explains how and why the differences between wages of the poor and wealthy are a major conflict in today's society. Constance M. Ruzich and A. J. Grant, authors of “Predatory Lending and the Devouring of the American Dream,” argue that the downfall of the American dream has occurred because of predatory lending acts. According to the authors, predatory lending and inequality play a very significant role in the corruption of the American dream.
Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks
This case arises out of a foreclosure proceeding initiated in the Circuit Court for Baltimore City by substitute trustees Thomas P. Dore, Mark S. Devan, Gerard F. Miles, Jr., Shannon Menapace, and Erin Gloth (collectively, the “Substitute Trustees”), appellees. In the foreclosure proceedings, the Substitute Trustees filed an order to docket a foreclosure with respect to real property located at 3517 Woodstock Avenue, Baltimore, Maryland 21213 (“the Property”) owned by mortgagor Celeste Wenegieme (“Wenegieme”), appellant.
This company, a retail clothing store with three suburban locations in Atlanta, Georgia, is incorporated, with each of the three Boudoir sisters owning one-third of the outstanding stock. The company is profitable, but rapid growth has put it under severe financial strain. The real estate is all under mortgage to an insurance company, the inventory is being used under a blanket chattel mortgage to secure a bank line of credit, and the accounts receivable are all being factored. With total assets of $7 million, the company now needs an additional $450,000 to finance a building and fixtures for a new outlet.
The case of Calibuso et al. v. Bank of America Corp. et al. began in 2010, when female financial analysts (FAs) filed charges in in several states and with the Equal Employment Opportunity Commission (EEOC) claiming that the Bank of America (BoA) used discriminatory pay practices against them in violation of state laws and the U.S. Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 (DiMarco, 2014; Calibuso, 2012). These laws forbid inequalities in pay (Schrimsher & Fretwell, 2012) and discriminating employment practices based on gender and other protected classes (42 U.S.C.A in Webber, 2015). The case was settled in favor of the plaintiffs (DiMarco, 2014). However, legal and scholarly advice suggests that these kinds of cases can be avoided through organizational efforts in training in diversity (Bendick, Egan & Lofhjelm, 2001) and legal understanding along with professional validation of practices, and managerial accountability (Arthur & Doverspike in Malos, 2015). This writer agrees; the case of Calibuso et al. v. Bank of America Corp. et al, which involved discriminatory practices related to compensation and other employment-related acts may have been avoided by observing the advice aimed at organizational efforts in anti-discrimination in the workplace.
No. According to the Fifth Amendment, "No person shall be compelled in any criminal case to be a witness against himself”. This provision governs state as well as federal criminal proceedings.