Business Law

In Tahican, the Nevada Supreme Court held that a fraudulent transfer claim seeking avoidance of a transfer of real property affects title or possession of real property under NRS 14.010(1) and supports a lis pendens, regardless of whether the plaintiff claims title or possession of the property. Read more

In a trade secrets dispute between two franchisors of cookie stores, a federal judge has denied Crumbl, a Utah-based cookie-bakery chain, an injunction against one of its rivals that would have ordered the rival to open no new stores while the lawsuit remained active. Crumbl LLC v. Dirty Dough LLC, 2023 WL 5180370, at *1 (D. Utah Aug. 11, 2023).  Read more

The National Labor Relations Board (NLRB) put the pedal to the proverbial metal with its recentCemex Construction Materials Pacific, LLC decision and companion New Rule governing the formation of unions. Read more

The Business Law Section is pleased to announce that John F. Hartigan will receive the Business Law Section’s 2023 Lifetime Achievement Award. This prestigious award is annually presented to a California attorney “who over an extended period has made significant contributions to the Section or business law generally, or both, in the state of California and who has achieved high status in the legal community.” John is the latest addition to an impressive list of business attorneys and legal scholars who have received this recognition. Read more

Medical screening business can be liable (as an employer’s agent) for FEHA violations. Read more

The Bankruptcy Appellate Panel for the Ninth Circuit (the BAP) published a recent opinion to confirm that the discharge injunction does not protect a debtor’s alter egos.   Read more

The United States Supreme Court recently ruled that a Minnesota county’s retention of excess proceeds from a tax sale of a taxpayer’s home was a taking without just compensation, in violation of the Takings Clause in the Fifth Amendment to the United States Constitution.  Read more

In In re Purdue Pharma L.P., 633 B.R. 53 (Bankr. S.D.N.Y. 2021) (Purdue 1), United States Bankruptcy Judge Robert D. Drain approved the nonconsensual third-party releases in the joint chapter 11 plan (the “Plan”) of debtors Purdue Pharma L.P. (“Purdue”), Purdue Pharma Inc. Read more

On November 30, 2022, in In re Mylife, 2022 Bankr. LEXIS 3363 (Bankr. C.D. Cal. 2022) (MyLife), United States Bankruptcy Judge Ernest M. Robles granted the motion of MyLife.com, Inc. (“MyLife”), a debtor-in-possession, to enjoin David A. Rancourt (“Rancourt”) from pursuing an arbitration and related litigation in Florida against MyLife’s chairman and CEO, Jeffrey P. Tinsley (“Tinsley”). Read more

Hospital’s failure to provide pretreatment disclosure of emergency medical evaluation fees beyond what is required by statute is not actionable. Read more