Business Law

In an eligibility dispute in a Subchapter V Chapter 11 bankruptcy case, the United States Bankruptcy Court for the Western District of Michigan (the Court) ruled the debtor was eligible, concluding that debts asserted in a Qui Tam action against the debtor for alleged misuse of Economic Injury Disaster Loan (EIDL) funds were contingent and unliquidated.  Read more

In a Memorandum Opinion addressing a motion to dismiss an adversary complaint and for reconsideration, the United States Bankruptcy Court for the Southern District of New York (the Court) ruled (1) that a bankruptcy court could entertain a class action claim for declaratory relief arising from violation of the discharge injunction and (2) that a private right of action exists for a violation of the discharge injunction.  Read more

In Doe v. Choice Hotel Int’l, Inc., plaintiff Jane Doe (“Plaintiff”) brought claims under the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 18 U.S.C. §§ 1581–1597, against franchisor Choice Hotels International, Inc. (“Choice”) and its franchisee GP4 Property Owner, LLC (“GP4”). Read more

Taking Offense, an association opposed to laws requiring recognition of transgender identities, filed a writ petition challenging Health and Safety Code section 1439.51, subdivision (a)(5)’s pronouns provision as facially unconstitutional under the First Amendment. This pronouns provision prohibited staff at long-term care facilities from “[w]illfully and repeatedly fail[ing] to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns,” when they do so “wholly or partially on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status.” After the trial court denied Taking Offense’s petition, the Court of Appeal reversed in part, holding that, under a strict scrutiny analysis, the challenged provision violates the First Amendment because it is insufficiently tailored to address the state’s interest in eliminating discrimination, and thus is facially unconstitutional. Read more

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing Fantasia v. Diodato, 154 F.4th 1123 (9th Cir, 2025) , a recent case of interest. Read more

In In re Riddle, the United States Bankruptcy Court for the District of New Mexico (the “court”), Case No. 23-10827-j7 (August 15, 2025) (“Riddle”) held that the debtor’s former state court law defense firm lacked standing to object to the Chapter 7 trustee’s motion to sell the estate’s malpractice claim against the firm to the judgment creditor in the state law case.  Read more

Battery claim against obstetrician viable if delivery substantially deviated from the scope of consent, but statutory gender violence claim is not viable absent bias or animus against a woman in childbirth. Read more

Intro The United States Court of Appeals for the Third Circuit (the Third Circuit) recently affirmed a bankruptcy court decision in a chapter 13 case which granted relief from the automatic stay to a mortgage holder, allowing it to complete a foreclosure on the Debtor’s home.  In the intermediate appeal from the bankruptcy court ruling, the district court had also affirmed, but then had dismissed the appeal for lack of jurisdiction under the Rooker-Feldman doctrine.  The Third Circuit held that the… Read more

Proposed STREAMLINE Act Would Modernize the Bank Secrecy Act’s Financial Reporting Requirements by Raising BSA’s Reporting Thresholds October 30, 2025 Dear constituency list members of the Financial Institutions Committee, The following is a bulletin prepared by Stefan Lawrence, Counsel at Early Warning Services, LLC. Summary On October 21, 2025, Senators John Kennedy (R-LA) and Tim Scott (R-SC) introduced the STREAMLINE Act – “Streamlining Transaction Reporting and Ensuring Money Laundering Improvements for a New Era Act” – to significantly increase the… Read more

Join us for Mindful Mondays: A Business Law Section Mix & Mingle, a relaxed and engaging evening designed to bring together members, colleagues, and new faces interested in the Business Law Section. Read more