California Lawyers Association

Business Law

Updates and events from the Business Law Section

Members of the Opinions Committee and its constituency list are invited to review the Spring/Summer 2020 issue of In Our Opinion, the quarterly newsletter of the Legal Opinions Committee of the Business Law Section of the American Bar Association. Edited by Jim Fotenos (former co-chair) of the Opinions Committee, the Spring/Summer issue includes a helpful chart of published and pending opinion reports and articles of interest to opinion practitioners. Read more
In re Clinkingbeard, 2020 WL 1517932 (Bankr. D. Kan. Mar. 30, 2020) navigates the crossroad between Article 9 of the Uniform Commercial Code and a state law governing the perfection of a security interest in a motor vehicle. In this case, a discrepancy between the owner shown on the security agreement and the owner shown on an electronic certificate of title left the lender unsecured in a bankruptcy proceeding. Read more
The California Court of Appeal determined that expanding a bank’s duties to include investigating and disclosing possible fraudulent activity was not warranted and that nonsuit in favor of the bank was properly granted. Kurtz-Ahlers, LLC v. Bank of America (Cal. Ct. App. May 8, 2020). Read more
Holding that Congress had no authority under either Article I or Section 5 of the Fourteenth Amendment to the United States Constitution to abrogate sovereign immunity for States that infringe on protected copyrights, the United States Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”). In a discussion that may have a significant impact on the practice of Bankruptcy law, the Court affirmed that the Bankruptcy Clause is “unique” among Article I Clauses, suggesting that it would affirm its controversial Katz decision should the opportunity arise. Read more
In Longview Int'l, Inc. v Stirling (2019) 35 CA5th 985, the court held that a suspended corporation's recording of an abstract of judgment and creation of a judgment lien, although unauthorized under Rev & T C §23301, was procedural in nature and therefore was validated retroactively on revivor of corporate powers, as provided in Rev & T C §23305). See §1.100. Read more
The high-profile Chapter 11 of Sears produced another decision involving the high-profile Mall of America (“Mall”). MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.), 2020 WL 2319194 (S.D.N.Y. May 11, 2020). Read more
The Consumer Financial Services Committee (CFSC) regularly presents educational programming of interest to California consumer financial services attorneys at its monthly meetings. CFSC members historically participate in joint legislative days at the California Legislature with the committee’s members have an opportunity to meet and discuss financial and lending issues with the Legislature’s staff ... Read more
July 16, 2020 at 10:00 a.m.: Nonprofit Organizations Committee Presents “Can Charities Accept Cash or In-Kind Donations From Cannabis-Related Businesses?” Read more
The Business Litigation Committee focuses on issues facing litigators with broad commercial practices, including substantive areas such as trade secret law, and procedural matters such as discovery, e-discovery, privilege, ADR and international litigation. The committee publishes eBulletins addressing hot topic themes relevant to commercial and business litigation with articles drafted by committee members and guest authors. Read more
The Franchise Law Committee has released an analysis of new issues and guidance concerning disclosures of historical financial performance representations (FPRs) in light of the Covid-19 pandemic. The concepts may have relevance to all business transactions with representations about past performance. Read more

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