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Ortoli | Rosenstadt: What Exactly Is a Seller Responsible for When Selling Its Staffing Firm?
Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.
Fed Decision to Hold Steady Was a ‘Close Call’
Wall Street Journal (09/22/15) Michael Derby
Federal Reserve officials who have spoken following last week’s high-profile policy meeting say a rate increase this year remains in the cards. In fact, central bankers say they weren’t far from taking that first step to start raising short-term interest rates. The decision not to raise rates was a “close call,” Federal Reserve Bank of Atlanta President Dennis Lockhart said Monday. Given all the tumult tied to China and other foreign economies and the resulting market churn, he said “I thought it prudent to wait” longer to raise rates. While officials agree rates should rise this year, comments since the meeting show a split on when exactly that should happen. Lockhart, who holds a voting role on the Federal Open Market Committee and often is looked to as a bellwether for the consensus view of policy makers, thinks the Fed will raise rates this year, citing an economy that is “performing solidly” amid good job gains. But he also said that while the Fed can act at any of its two remaining meetings this year, there is a tight window to gain the needed confidence to boost rates at the late October session.
How an Immigration Downturn Has Contributed to the Construction-Worker Shortage
Wall Street Journal (09/21/15) Kris Hudson
The U.S. construction industry has lost more than half a million Mexican-born workers since 2007, contributing to a labor shortage that’s likely to drive up home prices, according to a report released Monday by home-building analyst John Burns Real Estate Consulting. The analysis firm examined U.S. Department of Commerce data to determine that Mexican-born construction workers in the U.S. numbered 1.32 million last year compared with 1.89 million in 2007. Burns chief executive John Burns and his firm’s demographer, Chris Porter, conclude that many of those workers who went back to Mexico during the downturn have not returned to work in the U.S. due to tighter immigration controls—both for those entering legally and those not—and comparable job opportunities in some Mexican states with improving economies.
The home-building industry increasingly has cited labor shortages among the factors deterring greater production of late. The report steers clear of suggesting any changes to immigration policy. Rather, it cites numerous data points indicating a less hospitable environment in the U.S. in recent years for Mexican migration, legal or illegal. The report cites a 67% decline in immigration to the U.S. from Mexico from 2006 to 2013. Employers’ use of the E-Verify online system for verifying employment eligibility has risen from almost nothing in 2001 to more than 27 million employment checks last year.
National Staffing Employee Week Starts Monday—Get Free Resources for Your Celebration
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Free Town Hall Forum Tomorrow for Professional–Managerial Staffing Firms
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ASA Marketplace Connects Industry Professionals With the Products and Services They Need
The ASA Marketplace gets rave reviews from staffing professionals looking to purchase products and services for their companies.
Unlike any online resource of its kind, the content-rich, user-friendly ASA Marketplace features one-click access to supplier company news releases, allows searches by industry sector, delivers geographical search capabilities for firms with multiple locations, and much more.
The ASA Marketplace is the No. 1 source for suppliers to the staffing industry. Suppliers interested in getting listed or advertising should contact Antoinette Dixon at 703-253-1142.
ASA Publishes FAQs on NLRB Browning-Ferris Decision
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Refresher: Wage and Hour Law in Louisiana
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Federal Contractor Minimum Wage Rises to $10.15
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Review of Hiring, Wage and Hour Law in Hawaii
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Accommodations Legalese: 5 Key Terms Every Employer Should Know
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Five Reasons Why Employee Handbooks Benefit Employers
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Smaller Hikes in Health Premium Rates Forecast for 2016
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Careers Where Workers Are Seeing the Highest Pay Growth
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