Business Law

Our speakers will discuss the ethical considerations of the CCPA and also discuss ethical principles to help guide regulators, practitioners and their clients through CCPA compliance and enforcement issues. Read more

The United States Court of Appeals for the Eleventh Circuit determined that Section 11-3-420 of the Georgia Uniform Commercial Code (UCC) governing conversion of instruments preempted common law conversion and negligence claims arising from a bank’s disbursement of funds to a third party. The court’s decision was also instructive about pleading form, ruling that “shotgun pleading” resulted in an unintelligible complaint that failed to meet the specificity required by Ashcroft v Iqbal, 556 U.S. 662 (2009). Estate of Bass v. Regions Bank, Inc., 2020 WL 284094 (11th Cir. Jan. 21, 2020). Read more

Please join the Nonprofit Organizations Committee for a program on the topic of “New Form 1023: Preparation and Technical Matters.” Our presenter is Louis Michelson. As of January 31, 2020 the IRS requires that Form 1023, Application for Recognition of Exemption Under Section 201(c)(3) of the Internal Revenue Code, be completed and submitted through Pay.gov, although there is a 90 grace period during which the IRS will accept paper versions of Form 1023. Read more

On April 6, the Judicial Council of California issued eleven Emergency Rules meant to address issues raised by the COVID-19 pandemic. These Emergency Rules, which take effect immediately, significantly modify procedural and substantive rights of parties in California state court. Read more

Fill out this Business Law Section Standing Committee Application to join a Business Law Section Standing Committee. 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

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