Subordinated debt instruments are making a comeback, with private offerings and pooled investments gaining favor among a number of bankers in the Midwest. As bankers consider whether subordinated debt is the right way to boost their balance sheets, there are at least three major legal issues to consider before making […]
Publications
NLRB Severely Undermines Employer Investigation Rights
Once upon a time, common sense typically governed employee misconduct investigations. In those days, employers understandably and routinely cautioned employees not to discuss pending investigations with coworkers, and protected the written statements of potentially vulnerable employees who reported coworker misconduct. Normal thinking in those “good ole days” suggested that collaboration […]
OFCCP Issues Proposed Guidance and Rule Implementing Fair Pay and Safe Workplaces Executive Order
On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Order”), which would require certain prospective federal contractors to disclose labor law violations and would give agencies more guidance on how to consider labor violations when awarding federal contracts. You can access the newsletter article […]
The Under-Used Effective Financing Statement — Protection Against Unauthorized Sales of Farm Products
As the farm economy tightens, the chances increase that your farm borrower may sell his or her grain without paying you the proceeds. Your borrower might have several reasons for doing so, but none of them are sufficient. For example, farmers may want to pay their input providers first, or […]
Lucrative Kickback Scheme Earns Hospital Administrators Decades Long Prison Sentences
Twelve Presidential elections will have come and gone if Earnest Gibson III, a longtime hospital CEO, serves his entire prison sentence for violations of the Medicare anti-kickback statute. Gibson III, the longtime CEO of Houston-based Riverside General Hospital, was sentenced in June 2015 by the United States District Court for […]

