Business Law

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

The following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Uriostegui (__B.R. __, 2025 WL 1367215 (9th Cir. BAP May 12, 2025), a recent case of interest. Read more

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications. This month’s feature is a preview of the July 2025 update of Advising California Nonprofit Corporations. Read more

Joseph Boufadel is a partner at Salvato Boufadel LLP, a boutique insolvency and business litigation firm in Southern California. He is a certified specialist in bankruptcy law by the State Bar of California, Board of Legal Specialization. Read more

As business attorneys, we navigate an increasingly complex commercial terrain where technological disruption, regulatory change, and global challenges test our professional judgment daily.  Amid these challenges, on May 1, Americans across the nation celebrated Law Day.  Read more