California Lawyers Association

Business Law

Updates and events from the Business Law Section

Judge Segal, former chief magistrate judge of the central district of California, will answer questions from moderator and audience regarding third party discovery. In particular, the discussion will focus on “custody, possession or control” and when documents are in the legal control of a party or in the custody of a third party; what type of relationship is necessary to show “legal control”; what a third party must do to object to discovery; what a party must do if he or she wants to object to third party discovery; and what are the court’s concerns when third party discovery is at issue. Judge Segal will also discuss enforcement of third-party discovery. Read more
Please join the Nonprofit Organizations Committee for a program on the topic fiscal sponsorship, presented by Erin Bradrick. Read more
Bankruptcy court did not abuse its discretion in denying an individual chapter 11 debtor's motion to voluntarily convert to chapter 7. Read more
Medicare’s notice-and-comment provision does not apply to local coverage determinations. Read more
An individual was eligible to be a debtor in a SBRA Subchapter V chapter 11 case despite the fact that he was a wage earning employee of a company that was unrelated to the debtor's failed corporate business on the petition date. Read more
Without a lot of fanfare, the California legislature enacted legislation to exempt limited liability companies, limited partnerships and limited liability partnerships from California’s annual minimum franchise tax in the entity’s first year of existence. Read more
California has joined the ranks of states who have developed a way to circumvent the $10,000 federal deduction limitation state and local taxes (known as SALT) limitation with the enactment of A.B.150 recently signed by Governor Gavin Newsom. Read more
Statute criminalizing willful misgendering of transgender residents in long-term care violates First Amendment, but provision requiring gender-based room assignments in accord with resident’s gender identity does not facially violate equal protection. Read more
An increase in equity in a chapter 13 debtor's home that occurred between the petition date and the post-confirmation conversion to chapter 7 inured to the debtor's benefit. Read more
In a preference action against an insurance company financier, the financier's lien on unearned premiums was perfected under Louisiana law and was sufficient to defeat a preference if the financier was fully perfected on the date of each transfer, even if not fully secured on the petition date. Read more

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