Business Law

Leonard Gumport has served as a mediator for more than 25 years. His mediations have involved bankruptcy, business, regulatory, and consumer disputes, including class actions and government enforcement proceedings. Read more

For this Chair’s statement, I wanted to discuss something that brought me to the Business Law Section in the first place: our impact on legislation and regulation.  Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Tran and Le, 2025 WL 1255580 (April 30, 2025), a recent case of interest. Read more

A conditions of admission provision assigning uninsured motorist benefits to the hospital is an unenforceable adhesion contract even for Medi-Cal patients. Read more

Patient billed by hospital for EMS fee may assert a breach of contract claim where the admissions form required payment only for “services.” Read more

The United States Supreme Court has held that the sovereign immunity waiver in Section 106(a) of the Bankruptcy Code does not extend to state law claims “nested” within a Section 544(b) claim for relief, depriving bankruptcy trustees of the right to sue the United States under state law to avoid prepetition fraudulent transfers of debtor funds.  Read more

Section 544(b) of the Bankruptcy Code provides that a trustee may avoid a transfer of a debtor’s property interest that is voidable under applicable law by a creditor holding an allowed unsecured claim against the estate.  Read more

In Kirkland v. Rund (In re EPD Inv. Co., LLC), 114 F.4th 1148 (9th Cir. 2024), the Ninth Circuit Court of Appeals affirmed the lower district court’s finding that when a jury determines that a debtor operates an entity meeting an objective criteria of a Ponzi scheme, then the presumption of “actual intent” exists.  Read more

Tips on identifying subtle conflicts of interest that may arise in consumer bankruptcy cases and how to ethically obtain client waivers. Read more

The Nonprofit Organizations Committee is pleased to announce our upcoming presentation "Revoking Tax-Exemption for Pursuit of DEI" on June 19, 2025 at 10:00 a.m. Read more