California Lawyers Association

Business Law

Updates and events from the Business Law Section

This webinar will examine how the new sub-chapter V has been implemented in the bankruptcy courts the past year since its effective date. The panel will discuss key provisions of sub-chapter V, and will examine best practices from the perspectives of the sub-chapter V debtor, creditor and trustee. Read more
Covid-19 treatment progresses further, as eligibility for vaccinations broadens: After April 1, 2021 for citizens over the age of 50 and after April 15, 2021 for those over the age of 16. Read more
It is well settled in Delaware that removal of default fiduciary duties through an LLC agreement must be accomplished with clear and unambiguous language. 77 Charters, Inc. v Gould (Del Ch May 18, 2020, No. 2019-0127-JRS) 2020 Del Ch Lexis 186, *22. "Although fiduciary duties may be disclaimed, agreements' drafters must do so clearly, and should not be incentivized to obfuscate or surprise investors by ambiguously stripping away the protections investors would ordinarily receive." Ross Holding & Mgmt. Co. v Advance Realty Group, LLC (Del Ch Sept. 4, 2014, No. 4113-VCN) 2014 Del Ch Lexis 173, *51. See §3.54. Read more
Six years after publishing the popular First Edition of the Assignment for the Benefit of Creditors Desk Guide, the Insolvency Law Committee of the Business Law Section of the California Lawyers Association has updated and enhanced the Guide for continued use by assignors, assignees, creditors, landlords, purchasers of assets, owners, accountants, real and personal property brokers and other related professionals. Read more
In Emond v. Ryan McCarthy Investments, LLC (“Emond”), __ B.R.__, 2020 Bankr. LEXIS 1543 (May 21, 2020), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, in a non-published opinion, ruled that the bankruptcy court abused its discretion by granting a creditor’s motion to extend the deadline to file a complaint objecting to the dischargeability of a debt under 11 U.S.C. section 523 without a finding or showing of cause as required by Fed. R. Bankr. P. 4007(c). Read more
You get sued by a friend who claims that he/she is entitled to a percentage of your profitable business contending that the two of you had formed a partnership years ago. Read more
In re Cabral, 2020 WL 6556998 (November 5, 2020), the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirmed the bankruptcy court's decision denying Debtors’ motion to dismiss their Chapter 7 case for cause under Section 707(a). Read more
In Facebook v. Duguid, --- S. Ct. ----, 2021 WL 1215717 (Apr. 1, 2021), a unanimous United States Supreme Court on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted definition of automatic telephone dialing system (ATDS), or autodialer. Courts have struggled to uniformly define this equipment, creating a Circuit split. Read more
In its litigation-ending opinion in Facebook, Inc. v. Duguid (April 1, 2021) No. 19-511, the U.S. Supreme Court reminded litigators that even in the new world of emojis, automation and digitalization, grammar still matters. Read more
Ninth Circuit affirms BAP’s decision upholding Chapter 7 Trustee’s sale of Debtor’s defensive appellate rights. Read more

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