Message From the Editor

Daniel A. Lev

The primary goal of the Business Law News (BLN) is to provide our readers with the broadest possible spectrum of articles affecting business lawyers throughout the state. In the 2021 Annual Review Issue, we highlighted numerous developments during 2020 from a number of standing committees. In Issue 1, we are pleased to present the second part of the annual reviews from two of our standing committees, namely, the Health Law Committee and the Insolvency Law Committee. Part 2 of the Health Law Committee’s review focuses on the legislative health care update, an overview of CMS rules, and waivers for COVID-19. Part 2 of the Insolvency Law Committee’s review provides an update on important judicial decisions affecting commercial finance law. In addition, this issue includes Paul J. Dubow’s legacy submittal providing a valuable update of last year’s developments affecting alternative dispute resolution.

Issue 1 also welcomes the ongoing words of wisdom from Neil J. Wertlieb, our ethics expert, co-chair of the CLA’s Ethics Committee, and long-standing contributor and advisor to the BLN. In his article Flat Fee Engagements, Neil addresses the ethical constraints on lawyers charging a flat fee for legal services, and provides some practical guidance on entering into such fee agreements in light of the restrictions found in the Rules of Professional Conduct.

In his article entitled Marino II: Ninth Circuit Lacked Jurisdiction to Review BAP’s Decision On Contempt Sanctions for Discharge Injunction Violation and Affirmed BAP’s Denial of Appellate Fees, Leonard J. Gumport reflects on the ramifications of two decisions, one from the Ninth Circuit Court of Appeals and the other from the United States Bankruptcy Appellate Panel of the Ninth Circuit, concerning emotional distress and punitive damages for violations of the discharge injunction codified in 11 U.S.C. § 524(a)(2).