Commercial and Regulatory Law

Labor Considerations in Higher Education Restructurings

In 2016, 763 higher education institutions closed, the highest number since 2012.[1] While primarily for-profit schools closed, independent not-for-profit (NFP) schools closed as well.

Ascribing reasons for the schools’ closures risks conclusion bias, but there are some macro trends to note:

Labor Considerations in Higher Education Restructurings

In 2016, 763 higher education institutions closed, the highest number since 2012.[1] While primarily for-profit schools closed, independent not-for-profit (NFP) schools closed as well.

Ascribing reasons for the schools’ closures risks conclusion bias, but there are some macro trends to note:

Commercial and Regulatory Law June 2017

Act Like a Startup to Activate a Turnaround

Revenue and EBITDA are down, the cash runway is short, and time is of the essence. So in a turnaround, set your sights on becoming a start-up.

Skill and Will: Talent Is Key to the Turnaround of Distressed Municipalities

Budget deficits abound and past promises have been broken, irrevocably. If governments honestly valued their assets and liabilities, most would be insolvent. In the not-too-distant future, delivery of essential services will require a new mix of “skill and will” from our elected leaders and public-sector employees. Changes in compensation structure, job tenure, internships and fellowships, and secondments may provide solutions.

Two Sides to Every Acquisition: A Human Resources Perspective

According to the M&A Advisor,[1] “often failures occur because of … the inability to retain key talent. So you need to make sure … the vision is aligned before you do the deal.” Mackinac Partners counsels its clients to spend significant up-front effort developing and negotiating an appropriate integration plan, including a transition services agreement as a key component.

Commercial and Regulatory Law January 2017

Tax Trap: When Debt Forgiveness Is Not a Free Pass

Not many founders of a new business consider, at the time the new business is founded, the potential U.S. federal income tax consequences to them should the new business fail. The type of business entity formed, and the treatment of that entity for U.S. federal tax purposes as either a corporation or a pass-through entity, can have a material U.S. federal income tax consequence to the owners of the entity if the business should fail and there is a cancellation of the debts of the business.

Labor and Employment Committee: The Year in Review

The Labor and Employment Committee has continued to remain at the forefront of the intersection of labor and employment issues and bankruptcy in its continuing effort to keep its members well-informed as they navigate these issues. To begin, this year our Committee paired up with ABI’s Asset Sales Committee for the Annual Spring Meeting to discuss “Labor Issues in 363 Sales: Things You Need to Know.” The panel included Lucian B.

Commercial and Regulatory Law August 2016

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