Does Management Ever Owe a Fiduciary Duty to Creditors: A look at Three States
April 24th 2020 While management of a company generally has no duty to creditors of the company, there is one big exception: when the company is insolvent or in the “qons of insolvency.” Here is a look at three states analysis of the issue. Texas In Texas, the fiduciary duty owed to creditors when […]
New Meaning of Defenses: Impossibility of Performance
Richard Roth, Esq – 22nd April 2020 We recently wrote a blog on how the force majeure clause has become so important in defending contracts in this COVID-19 era. So, too, is the impossibility defense. That is, an alternative to force majeure clauses that excuse performance is for parties to argue impossibility of performance. […]
Contractual Defenses – The Force Majeure Clause Steps Up
Richard Roth, Esq – 21st April 2020 The Coronavirus has created a “new normal.” All across the United States, quarantine-in-place orders have been issued, along with emergency legislation to restrict non-essential business from operating in over 30 states.[1] As businesses, sports and commerce continue to be restricted, fulfilling contractual obligations have become a major issue. […]
MLB steps up to the plate: data, data, data
Richard Roth, Esq. – April 17th 2020 The most important aspect of determining how to resolve the Coronavirus as well as how to best get the workforce back in place has come down to testing, as all governors have made it clear that with testing and data, the scientists will be able to forge ahead. […]
The Largest Constitutional Dilemma: The federal government against the states
Richard Roth, Esq – April 13th 2020 President Trump’s claim that he has the power “to open up the states” and not the governors is not only positively false, but was the largest issue that the framers grappled with during the Constitutional Convention. Trump, simply ignorant of the laws, seeks to project an image of […]
Richard Roth – Harvey Weinstein: Be Careful What you Wish For
Richard Roth, Esq – MarchThe #MeToo Movement is looking for “justice” in the Harvey Weinstein trial that is about to commence. That is, it wants to use this criminal proceeding – and the results – as a flag to deliver justice for victims. But we have to take a step back and first determine whether […]
The College Admission Scandal: One Year Later
Richard Roth, Esq. March 11th, 2020 One year after dozens of high net worth celebrity parents and coaches at top universities were arrested in the college admissions scandal, some defendants are heading to prison while others stand ready to fight the charges. More than 50 people have been charged in the case, which has awoken […]
Kobe & Vanessa Bryant: Helicopter Lawsuit
Richard Roth Esq. – February 27th 2020 The lawsuit, just filed in Los Angeles County Superior Court, by Kobe Bryant’s estate, is a very strong lawsuit. On February 24th, Vanessa Bryant, on behalf of Kobe, commenced an action against Island Express Holding Corp. and its pilot, Ara Zobavan, alleging that they were negligent by failing […]
Jennifer Dulos: An Eerie Finding
Richard Roth Esq. – January 13th 2020 The plot also thickens in the Jennifer Dulos alleged murder. Ms. Dulos, a Connecticut mother, disappeared on May 24, 2019. Tuesday, her estranged husband Fotis Dulos and two others were charged with murder. Apparently, yesterday, the police discovered a “human grave” on the grounds of an exclusive club […]
Jussie Smollett: What a Tangled Web
Richard Roth Esq. – January 13th 2020 The criminal matter against Smollett is back alive! Today, an Illinois judge signed sweeping search warrants ordering Google to turn over twelve month’ of data from Smollett and his manager, including texts, emails, photos, location data, drafted and deleted messages and other information, as a special prosecutor probes whether […]
