Jun 16

As Seen in the Press: The calm before the storm of bankruptcies

Posted by John McMickle

Bank Think: The Calm Before the Storm of Bankruptcies Though the numbers haven’t shown it yet, many are bracing for a spike in personal bankruptcies once coronavirus relief efforts and stay-at-home orders have been exhausted. How lawmakers prepare for the expected wave in bankruptcy will be critical to the pace of economic recovery.…

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Nov 15

AFTER DOJ LETTER ON WEBSITE COMPLIANCE, THE ADA GUESSING GAME CONTINUES

Posted by John McMickle

John D. McMickle is co-founder of North South Government Strategies, a Washington, DC-based consulting firm. He was previously a Judiciary Committee Counsel for Senator Charles Grassley and a Partner with Winston & Strawn, LLP. He is the author of a September 21, 2018 WLF Legal Backgrounder, The Americans with Disabilities Act and Cyberspace:…

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Sep 25

The Americans with Disabilities Act and Cyberspace: Who Will Provide Sorely Needed Guidance?

Posted by John McMickle

The Americans with Disabilities Act (ADA), signed by President George H.W. Bush in 1990, has the laudable purpose of providing “a clear and comprehensive national mandate” to promote access to public accommodations for the disabled by providing “clear, strong, consistent, enforceable standards.” On the law’s twenty-fifth anniversary, Attorney General Loretta Lynch observed “the…

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Nov 14

‘Drive-by’ lawsuits under disabilities statute costing economy

Posted by John McMickle

Congress has recently taken up the issue of frivolous litigation under the Americans with Disabilities Act (ADA). Under this landmark legislation, owners of public accommodations are required to ensure that hotels, restaurants shopping malls and other places of business are accessible to the disabled. As a result of this law, disabled Americans are…

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Jul 27

Beef Up Antitrust Law to Fight Chinese Price-Fixing Schemes

Posted by John McMickle

By John McMickle Chinese companies, in connection with the Chinese government, have successfully used federal courts to hide possible evidence of an illegal price fixing conspiracy that has resulted in serious harm to American manufacturers. In a court case denied review in the Supreme Court earlier this year, China escaped punishment under American…

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Nov 22

Trump Win Provides Moment of Clarity on Income Equality

Posted by John McMickle

Donald Trump’s populist victory may, finally, usher in an era of common sense thinking on the topic of economic inequality. The widening gap between rich and poor has been the topic of much discussion and debate of late. However, the solutions proposed by Democrats and others of the left invariably miss the mark.…

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Jun 17

How the Clinton Administration Made it Harder on Student Borrowers

Posted by John McMickle

In the late 1990s, the Clinton Administration spearheaded an effort to make it dramatically more difficult for Americans with student loans to obtain loan forgiveness in bankruptcy.  With the recent jobs report indicating a tepid job market, employment prospects for recent college graduates with high levels of student debt would seem to be…

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Oct 16

Bankruptcy Reform Worked, But Didn’t Go Far Enough

Posted by John McMickle

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Sep 24

GAO Steps Into Debate On Forum Shopping In Bankruptcy

Posted by John McMickle

Comes now a Government Accountability Office report that analyzes an important question in bankruptcy law known as venue – where can a distressed company file for bankruptcy?  Under current practice, a business can file for bankruptcy far from its base of operations, in a state where it is legally incorporated (read: Delaware) or…

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