Business Law

Business Law News 2016, ISSUE 1

BLN Editorial Board: Message from the Editor

Everett L. Green

Welcome to the inaugural 2016 issue of the Business Law News. We hope that you find our latest issue to be both instructive and informative. We begin Issue 1 with a discussion of money in politics. The Supreme Court’s decision in Citizens United recently marked its 6-year anniversary. To many commentators, Citizens United unleashed a torrent of outside spending on campaigns. Andrew H. Kugler’s article explores the laws governing independent expenditure-only committees or "super PACs," corporate PACs, and California independent expenditure committees.

Next, Brian H. Cole’s article explores certain liability issues arising in the offer and sale of California franchises. Gregory A. Barber addresses a similar theme in his discussion of valuation issues in the purchase of interests in limited liability companies, or buyouts. Mr. Barber opines that the statutory provisions governing buyouts, coupled with the unique tax status of limited liability companies, create difficult valuation issues. In the penultimate article, Robert W. Wood discusses the tax treatment of attorney’s fees in elder abuse cases. Mr. Wood explains that while a litigant may seek damages for elder abuse—physical, emotional or financial abuse of an elderly person—under both state and federal statutes, the tax treatment of legal fees incurred by the prevailing plaintiff is not clear.

Neil J. Wertlieb and Nancy T. Avedissian conclude Issue 1 with another outstanding article in their series on ethical issues arising in transactional matters.

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