California Lawyers Association

Business Law

Updates and events from the Business Law Section

The objective of this program is to give attorneys the tools they need to ethically identify and eliminate bias in the legal profession. Unconscious bias plays a role in how we organize and interpret the world, but if left unchecked, such biases can—and do—have significant consequences in the practice of law. Read more
In re Progressive Solutions, Inc., 2020 Bankr. LEXIS 467 (Bankr. C.D. Cal. 2020) (“PSI”) is the first reported opinion addressing the Small Business Reorganization Act of 2019, Pub. L. No. 116-54 (2019) (the “SBRA” or the “Act”). In PSI, Judge Scott Clarkson [https://calawyers.org/business-law/ilc-judicial-profile-series-united-states-bankruptcy-judge-scott-c-clarkson-central-district-of-california/] denied a Motion for Order Authorizing Amendment of Chapter 11 Petition to Elect Subchapter V (the “Motion to Amend”) and a related motion to confirm a new plan under the SBRA without prejudice. The basis for the court’s ruling was that re-designation of a Small Business Case to one under Subchapter V is accomplished by amendment of the voluntary petition, and there is no legal requirement to obtain leave of court to amend under Federal Rule of Bankruptcy Procedure 1009 (“FRBP”). Read more
Jane Winter was responsible for reviewing patient medical records at Gardens Regional Hospital and Medical Center to determine whether admission orders met the Hospital’s medical necessity admission criteria. Shortly after a nursing home acquired ownership in the management company that oversaw operations at the Hospital, Winter alleges she noticed a spike in the number of emergency room patients transported from the nursing home—an overwhelming majority of whom were admitted for inpatient treatment. Read more
In Freeman v. Nationstar Mortgage LLC (In re Freeman), 608 B.R. 228 (9th Cir. B.A.P. 2019), the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) reversed in part a bankruptcy court’s denial of a debtor’s motion for contempt sanctions against a creditor who violated the discharge injunction by attempting to foreclose on a void deed of trust. Read more
This annual symposium will review case law and legislative developments in the last year, as well as virtual shareholder meetings, which many companies are considering based on the COVID-19 pandemic and social distancing guidelines. The webinar panelists include Delaware attorney Michael D. Allen, a Director art Richards, Layton & Finger. He will be discussing, among other things, recent Delaware case law developments regarding advance notice bylaw provisions and Section 220 demands. California attorney Keith Paul Bishop, a partner at Allen Matkins Leck Gamble Mallory & Natsis, will highlight decisions and legislation affecting California corporations and foreign corporations located in this state. Read more
As the country temporarily shifts to a work from home economy during the COVID-19 crisis, the presenters will discuss what are some of the cyber security issues you need to consider. Read more
Mason Fish was involved in an automobile accident that killed three people and severely injured three more. Fish told law enforcement that he was under the care of a psychotherapist who had prescribed antidepressant and antipsychotic medications to him. The prosecution charged Fish with gross vehicular manslaughter while intoxicated, and subpoenaed his psychotherapist’s treatment records. Read more
A stockholder must make a demand on a corporation’s board of directors before initiating a derivative action unless the complaint can allege with particularity that a demand would be futile. Allegations of futility will pass muster when specific facts are alleged showing the existence a disabling conflict affecting a majority of the directors which would have considered a demand. Read more
On January 1, 2020, California’s sweeping Consumer Privacy Act (“CCPA”) took effect, sort of. The CCPA’S scope and application were criticized from the get-go, but there was hope that the California Attorney General’s office would promulgate regulations to provide clarity and perhaps limitations to some of the law’s reach and remedies. In October 2019, the AG’s office issued its first draft of those regulations and, like the CCPA itself, the regulations seemed to generate more questions than answers. Read more
Marisol Lopez took her infant daughter Olivia to a dermatology clinic owned by Dr. Glenn Ledesma to assess a spot developing on Olivia’s scalp. Physician assistant Suzanne Freesemann examined Olivia and requested her insurer to approve an “excision and biopsy.” Brian Hughes, another physician assistant at the clinic, saw Olivia one month later and performed a “shave biopsy” of the lesion. The doctor who examined the biopsied tissue found no malignancy. Read more

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