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Knowledge

Using Covenants Not to Compete in the Health Care Industry

…with the original practice could enforce a covenant not to compete to prevent the other one from opening his own separate practice. These are the basic rules. In another issue,…

Knowledge

Supreme Court: Fraudulent Conveyance Scheme Renders Debt Nondischargeable in Bankruptcy

…make any false representation to Husky. The court rejected Ritz’s argument and found that “actual fraud” does not require a false representation. The court found that the “actual fraud” component…

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Can I Be Sued for Filing a Time-Barred Claim?

…however, to the prohibited practice of filing a lawsuit on a time-barred consumer debt in the Fourth Circuit. In Dubois, a Maryland bankruptcy court dismissed complaints filed by a pair…

Knowledge

NC Court Case Demonstrates Potential of “Individual” Liability for Discrimination

…her complaint in order to assert an additional claim against Smith for race discrimination in violation of 42 U.S.C. Section 1983, which prohibits discrimination by officials employed by state governmental…

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Fourth Circuit Approves Partial Dirt for Debt Plan

…this treatment “fair and equitable” is the requirement that the surrendered property be the “indubitable equivalent” of the creditor’s claim. This means that in situations where less than all of…

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FHFA Should Resist Calls to Weaken Mortgage Standards

…— Equifax, Experian and TransUnion), would actually achieve this result. While VantageScore claims to be able to score millions of additional borrowers, a recent analysis of its approach found that,…

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Vendor Management Risks and Controls

…training of employees, making compliance expectations clear, continuously monitoring for compliance with the law, and taking prompt action on any identified problems. Settlement Agents = Service Providers The new CFPB…

Knowledge

New Tax Reporting Requirements for Corporate Actions Affecting Stock Basis

…form is adopted by the IRS, the only method of compliance is by posting the required information on the corporation’s public website. Exceptions to Reporting Requirements A corporation is not…

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The North Carolina Qualified Business Tax Credit Program

…on time, the company’s registration will be revoked, and the Secretary of State will send a notice of revocation to the company. The registration can be reinstated if the company…

Knowledge

Challenges Facing a Successful H-1B Visa Petition and Some Solutions

…calls “lack of sufficient initial evidence”. Formerly, USCIS would issue an RFE, effectively allowing, a “second bite of the apple”. USCIS maintains that this policy is necessary to discourage “placeholder”…