Ignorance Is Not Bliss: Demystifying Executory Contracts in Bankruptcy Cases

By Charles M. Tatelbaum

An executory contract can create havoc for the unsuspecting counterparty. 

Most businesses are (reluctantly) required to deal with customers, suppliers and counterparties to agreements that enter bankruptcy proceedings, yet there is a great lack of knowledge as to how the concept of an executory contract can create havoc for the unsuspecting creditor/counterparty. Recent litigation in Delaware involving the sporting goods retailer Eastern Outfitters LLC (Eastern Mountain Sports and Bob’s Stores) points to some of the issues.

Lawyer Up: As Retail Bankruptcies Increase, Creditors Must Be Vigilant

By Charles M. Tatelbaum

Virtually no attention has been paid to what will soon be a big problem

While much has been written about the future of brick-and-mortar retailing as a result of the large number of retail bankruptcies during 2016 and even during the first weeks of 2017, virtually no attention has been paid to what will be a significant problem for creditors of those retailers that have sought bankruptcy court protection—even if some of the retail locations remain open.

South Florida Real Estate Fraud

By Richard L. Petrovich

Real estate fraud can happen to anyone.  Institutional lenders are victims.  Private mortgage lenders are victims. Small businesses and individuals are victims. Through this blog, we attempt to locate articles and press releases and identify the various mechanics and schemes fraudsters use to commit mortgage fraud.

Friendly Reminder: New Overtime Rules Take Effect December 1

By Catalina M. Avalos

Catalina M. Avalos & Megan L. Janes

If you are not paying your administrative, professional, or executive employees at least $913 per week (the equivalent of $47,476 per year), you may have to pay those employees overtime if they work more than forty hours per week, effective December 1, 2016. Why? The Department of Labor is increasing the minimum salary threshold for the overtime exemption for such employees from the current requirement of at least $455 per week.

The Significance of the 2017-18 Constitution Revision Commission

The upcoming Constitution Revision Commission will impact the lives of a significant number of Florida’s citizens. The Commission has the power to propose changes to the Florida Constitution, which then must be ratified by the voters of the State. The procedures of the Constitution Revision Commission, as well as different ways citizens can get involved, are described below. Because of the significant potential impact of constitutional amendments, careful focus needs to be put on the process.