According to Retail Dive, major retailer bankruptcies have exploded so far in 2020, with more to come. Continue reading “RETAILER BANKRUPTCIES IN 2020”

UPDATES

EMPLOYERS MAY NOT MANDATE COVID VACCINATIONS IN CALIFORNIA

May California employers mandate COVID vaccinations for employees? The short answer is no. California's constitutional right to privacy, combined with California's unfair competition law, prevent… Read more… →

HEALTHCARE SHARING: AN AFFORDABLE OPTION FOR SELF-EMPLOYED

Healthcare sharing is the best option for the 28 million uninsured people in this country--a fact supported by a 2019, Congressional Budget Office (“CBO”) study. … Read more… →

SOFTBANK RESTRUCTURING FRAUD

Softbank restructuring fraud is a destructive--but real--twist on business restructuring models. Most corporate restructuring occurs through new opportunities and effective marketplace execution--and sometimes through a Chapter 11 bankruptcy filing. But Softbank, the well-known "software company," "venture capital fund," hedge fund, keeps finding new ways to restructure its business through fraudulent market manipulation. Read more… →

FMV PART 4: FAIR MARKET VALUE IN LITIGATION

The primary thesis of this blog series is that assessing fair market value in litigation and bankruptcy must now account for general economic conditions, due to Federal Reserve distortions of fair market value through unlimited monetary expansion and the unavoidable influence of global derivatives trading markets. Read more… →

FIFTH CIRCUIT COURT: ACA INDIVIDUAL MANDATE UNCONSTITUTIONAL

The Fifth Circuit Court of Appeals has ruled that the ACA individual mandate is unconstitutional. The opinion was issued December 18, 2019, a copy of which is here. In referencing the US Supreme Court's well-known opinion in NFIB v. Sebelius (US 2012) the Fifth Circuit Court reasoned:

In NFIB, the individual mandate—most naturally read as a command to purchase insurance—was saved from unconstitutionality because it could be read together with the shared responsibility payment as an option to purchase insurance or pay a tax. It could be read this way because the shared responsibility payment produced revenue. It no longer does so. Therefore, the most straightforward reading applies: the mandate is a command. Using that meaning, the individual mandate is unconstitutional.
Texas v. USA (5th Cir. Dec. 18, 2019) at 44

By way of brief background to this case, the ACA originally required buyers of individual health insurance policies to purchase "minimum essential coverage" benefits. This is commonly known as the ACA individual mandate. Read more… →

ACA EXCHANGES LOST 2.5 MILLION ENROLLEES FROM 2016 TO 2018

The ACA exchanges lost enrollees from 2016 to 2018, reflecting the declining reach of President Obama's health care plan. Unsubsidized enrollment in Obamacare exchanges declined by 2.5 million people from 2016 to 2018, representing a 40 percent drop nationally, according to a study by Centers for Medicare and Medicade Services (CMS) released August 12, 2019. The decrease in enrollment between 2016 and 2018 occurred entirely among people who did not receive ACA premium tax credit subsidies.

By contrast, enrollment via ACA exchanges by persons receiving premium tax credit subsidies increased by 300,000 people during the same time frame. This stunning contrast provides statistical evidence for what many working people and business owners in the US can see simply by the "eye" test: that Obamacare is not working for them. Read more… →