Business Law

Ruling  on a question “where there is a square circuit split and no Third Circuit authority,” the united States Bankruptcy Court for the District of Delaware (the Court) recently held that in a fraudulent transfer action, it is not necessary to name the initial transferee in order to sue a subsequent transferee for recovery of fraudulently transferred funds.  However, avoidance of the initial transfer is an element which must be proved in order for a trustee to prevail against the subsequent transferee.  Phillips v SS Associates LLC (In re ONH AFC CS Investors, LLC), ___ B.R. ___, 2026 WL 312892, 2026 Bankr. LEXIS 293 (Bankr., D. Del. February 4, 2026).  To view the opinion, click here: Read more

The United States Bankruptcy Court for the Middle District of North Carolina (the Court) recently held that enforcement of a restitution judgment is not subject to the automatic stay under the provisions of the Mandatory Victims Restitution Act (“MVRA”) even when the criminal defendant is the Debtor’s ex-spouse, not the Debtor, and had transferred his interest to the Debtor prepetition.  In re Sinclair, 2026 WL 122308 (Bankr. M.D. N.C. January 14, 2026).  To view the opinion, click here: Read more

The United States District Court for the Northern District of Illinois (the Court) recently denied debtors’ writ of mandamus, which sought to compel the United States Trustee (UST) to submit a report on the alleged statutory violations by a trustee and her counsel during chapter 11 bankruptcy proceedings.  Beeson v. Bondi, ___ B.R. ___, 2025 WL 3089108 (N.D. Ill. 2025).  To view the opinion, click here: Read more

In a matter pending in a United States District Court where two judgment creditors, one with a federal judgment and one with a state court judgment,  were competing to execute on the same judgment debtor’s assets, the Seventh Circuit Court of Appeals (the Circuit Court) held that the Rooker-Feldman doctrine did not deprive the District Court of jurisdiction to determine a priority issue. MedLegal Solutions, Inc. v Premium Healthcare Solutions, LLC, ___ F. 4th ___, 2026 WL 274561 (7th Cir. Feb. 3, 2026).  To view the opinion, click here: Read more

In Diamond v Schweitzer (2025) 110 CA5th 866, the court enforced a general release signed by a plaintiff injured at a sports event, finding that it satisfied the requirements for enforceable releases. The release barred negligence claims because it clearly expressed the intent to release all liability, and the injury-producing act (a third party punch during a dispute over a race) was reasonably related to the purpose for which the release was signed. See §5.95. Read more

Melissa is a practicing attorney licensed in California (2005), Oregon (2007) and Washington (2011), and she anticipates entry to the Hawai’i Bar in 2026. Melissa is the owner and principal attorney of the boutique intellectual property and business transactional firm: The Law Offices of Melissa B. Jaffe, PC. Melissa is deeply committed to serving her legal communities and currently holds the following leadership positions: Chair, Washington State Bar Association’s Business Law Section; Chair-Elect, Oregon State Bar Intellectual Property Law Section; and California Lawyers Association Business Law Section Executive Committee. Melissa is also an elected member of the Oregon State Bar House of Delegates, and served as an appointed member of the Washington State Bar Wellbeing Taskforce in 2024-2025. Melissa began her legal career in-house with LucasArts in their Presidio campus, and continued her IP-focused practice as in-house counsel with Genentech, Inc.  Melissa then moved to Portland, Oregon to join the Adidas America legal team in Portland, Oregon. After her service with Adidas, Melissa decided to hang her own shingle and assist artists and creatives in pursuing meaningful entrepreneurial endeavors.  Melissa currently serves as pro bono counsel for the Portland-based theater company Third Rail Reparatory Theater. Read more

The American Dream is the aspirational ethos of the unalienable rights enshrined in our Declaration of Independence.  The pursuit of happiness; the right to life and liberty.  These are foundational promises of a society built on the proposition that every person, regardless of origin or station, deserves a fair and just system in which to live, raise a family, establish community, and build a future. Read more

The following is a profile of the Honorable Julia W. Brand – the latest in a series of profiles of Ninth Circuit bankruptcy judges.  Members of the California Lawyers Association’s Insolvency Law Committee and Business Law Section Executive Committee met Judge Brand in her chambers and discussed her personal and professional background, observations from the bench, and other issues of interest. Read more

While public discourse fixates on the flashy dangers of AI like hallucinations, data theft, and bad decisions, electronically stored information (ESI) is a far more pervasive operational risk. As generative AI becomes entrenched in daily business operations, it is rapidly creating a highly discoverable, permanent records of corporate decision making that requires a radical shift in corporate risk management and eDiscovery Strategies. Read more

Artificial intelligence has shifted from a technological novelty to an operational decision-maker. Businesses now face a question that is less technological than legal: Is AI assisting the company, or is the company surrendering control to AI? Read more