California Lawyers Association

Business Law

Updates and events from the Business Law Section

The Second Circuit Court of Appeals (the Court) held that when the question of whether student debt has been discharged in a prior bankruptcy is subject to a legal, not factual, dispute, a credit reporting agency that shows the debt as outstanding and past due on a credit report is not in violation of 15 U.S.C. § 1681e(b) of the Fair Credit Reporting Act (“FCRA). Mader v. Experian Info. Sols., Inc., 56 F.4th 264 (2d Cir. 2023). Read more
Ubaldo and Leobardo Lopez were allegedly injured when the American Medical Response West (AMR) ambulance in which Leobardo was being transported collided with another vehicle. Read more
Presentation will focus on current enforcement and compliance trends in the immigration law affecting agribusinesses including I-9 compliance, E-Verify, work visas, and best practices for employers. Read more
The Ninth Circuit Court of Appeals (the Court) recently ruled that a student financial aid advisor, who mailed solicitation packets to current and prospective college students pertaining to their ability to apply for scholarships and grants in aid, was a “covered person” subject to the Consumer Financial Protection Bureau’s (CPFB) civil enforcement authority and that the net impression of the solicitations was deceptive.  Consumer Fin. Prot. Bureau v. Aria, 54 F.4th 1168 (9th Cir. 2022). Read more
In Milestone Financial, LLC v. Moon, (In re Moon), 648 B.R. 73 (B.A.P. 9th Cir. 2023), the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) recently affirmed a bankruptcy court decision which had concluded that: (1) a forbearance agreement was usurious and not exempted from usury just because the orginal loan might have been exempt and (2) the creditor was entitled to post-maturity interest on the loan under California law.  Read more
Nursing facility’s arbitration agreement is unenforceable against cognitively impaired patient. Read more
The LLC, or Limited Liability Company, is a unique business entity that has many financial and social benefits. Falling somewhere between a general partnership and a more formal corporation, the LLC creates a layer of protection for individual members and offers great tax incentives. Read more
   The 2016 Cybersecurity Law (“CSL”) is the first top-level legislation imposing a data localization requirement on the operators of critical information infrastructure (“CII”) in China. Read more
Panel Discussion of new Section 119 to the California Corporations Code providing for corporate ratification and judicial validation of noncompliant corporate actions, similar to laws adopted in Delaware and Nevada.   Read more
Colorado Bankruptcy Court grants motion to convert case from Chapter 11 to Chapter 7, concluding that debtor’s bad faith filing did not justify dismissal of the case despite debtor's possible ownership interests in cannabis-related entities, as conversion to Chapter 7 was in the best interest of creditors.  See In re Roberts, 644 B.R. 220 (Bankr. D. Colorado 2022).  Read more

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