Business Law

This webinar will provide an overview of the California AG approval process for nonprofit health facility transactions, including the statutory authority for the process, a step-by-step summary of the process, practical tips for navigating the process, and select case studies. Read more

September 30, 2024 Dear constituency list members of the Insolvency Law Committee, the following is a case update by Summer Shaw analyzing In re Buettner, 654 B.R. 927 (Bankr. E.D. Cal. 2023), a recent case of interest: SUMMARY In In re Buettner, Chapter 13 debtors were compelled to file suit to enforce California Civil Code § 2941, which requires a lender to reconvey a deed of trust within 30 days of payoff. The Bankruptcy Court for the Eastern District of… Read more

Perhaps one of the biggest challenges lawyers face when addressing ethical issues is figuring out how to fulfill competing duties. Sometimes there is guidance; but often there is not. Indeed, sometimes there is even an ambiguity in what a particular obligation may be.

Enter a room full of lawyers and ask them how many believe they have a duty to be a zealous advocate for their clients. Without fail, the vast majority, if not the entirety, of the crowd will raise their hands. But when you ask each what that means to them, you may receive a wide range of responses. Read more

Whether and how lawyers may invest in their clients is a perennial topic of interest for business lawyers, ebbing and flowing with the economy. In the dotcom boom of the 1990s Silicon Valley firms touted the huge profits they made from taking equity in their clients, riding the IPO wave to (hoped-for) mutual success. Two decades on, lawyers and law firms continue to invest in clients, often through venture funds or other investment vehicles. It is not uncommon for lawyers to invest in their clients, particularly for lawyers or law firms that represent emerging companies. It is also accepted by this point that doing so is not per se unethical, although depending on the facts, there could be ethical risk involved. It is important that lawyers who wish to invest (or take some form of stake) in their clients understand the ethical Read more

Does the representation of a client against a subsidiary of a current client constitute a conflicted representation? Not surprisingly, the answer to this question is ... it depends. As with so many ethics questions, there is no bright line rule. Read more

Since you took an in-house attorney position and no longer work for a law firm, you don't have to worry about the nuances and application of all of California's ethical rules, right? Ok, fine, there's still the general duty of loyalty to consider, and, of course, confidentiality, but most of the other ethical rules—just like time sheets and billings—no longer apply, right?

Sorry, but that's just not the case. In fact, you might be surprised to learn which ethical rules apply to you in your in-house position, and how such rules apply. Read more

This article explores that many ethics issues that arise in business development transactions01. The issues will be explored in the context of a complex mixed financed affordable housing development. However, the ethical issues are applicable in most complex business transactions. The article is organized to provide a list of issues that should be considered as follows: (i) the initial inquiry; (ii) the transaction; (iii) the client, (iv) the engagement letter; (v) the conflict letter; (vi) the client files; (vi) the former client; and (vii) the on-going ethical obligations. Read more

The Business Law Section's journal, the Business Law News, is always high in-demand and a valuable member benefit. For ISSUE 2, 2024, the section has decided to make the edition's ethics articles free for all to view to showcase its top-notch articles. Take a look to view these articles below: Read more

September 19, 2024 Dear constituency list members of the Insolvency Law Committee, the following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Wike, 660 B.R. 683 (B.A.P. 9th Cir. 2024) (“Wike”), a recent case of interest: SUMMARY In Wike, the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) ruled that the disciplinary costs assessed against an attorney who filed for Chapter 7 bankruptcy protection were discharged under 11 U.S.C. §… Read more

September 19, 2024 at 10:00 a.m. Please join the Nonprofit Organizations Committee for a program on the topic: Appraisals for Charitable Contributions of Personal Property, to be presented by Jennifer M. Wood. Topics covered will include: IRS requirements for a qualified appraisal Understanding appraiser qualification criteria Case studies of problematic appraisals IRS penalties for incorrect valuations Unrelated use of donated property Jennifer Wood is an Accredited Senior Appraiser of the American Society of Appraisers.   She received a Master's degree in… Read more