Business Law

The members of the BLS Franchise Law Committee ("FLC") specialize in franchising, licensing and distribution law. The FLC is extremely diverse, with its members representing both franchisees, franchisors and distributors in both disputes and deals. The FLC advises California practitioners about the multiple laws and regulations that govern franchises throughout California and sometimes in other states. On December 12, 2019, the Franchise Committee held a webinar on Assembly Bill 5 (classification of workers as independent contractors or employees) with a… Read more

The Nonprofit Organizations Committee serves as a resource for nonprofit lawyers on issues addressing the legal problems of not-for-profit corporations and other nonprofit organizations, including corporate formation, federal and state tax issues, lobbying and political involvement, trustee duties and liability, charitable solicitations, and investments of financial assets. On December 19, 2019, the Nonprofit Organizations Committee presented a program on the topic of “Classifying Workers in California: Independent Contractors, Volunteers & Employees.” The presenter was Cecilie Read of Jackson Lewis. Misclassifying… Read more

Caroline Djang, Kyra Andrassy, Soyeun Choi and Robert Castro On Friday, December 6, 2019, the BLS brought its roadshow to students at California State University Fullerton.  After introductions, Professor Robert Castro moderated a discussion on the twists and turns on the educational and professional paths to law. Then CSUF undergraduate students participated in a lively round of Q&A.  Pre-Law Advisor and Professor in the CSUF Division of Politics, Administration and Justice, Professor Robert Castro, PhD, JD facilitated this visit by… Read more

Corey Weber Business Law Section (BLS) members, the new year is now underway and the BLS has been actively engaged in fulfilling the CLA’s mission of promoting excellence, diversity and inclusion in the legal profession and fairness in the administration of justice and the rule of law.  The CLA continues to publish cutting-edge eBulletins on new case law and legislative updates on an ongoing basis and will be hosting in-person MCLE events and networking events throughout the year. Diversity and… Read more

The Fifth Circuit affirmed the bankruptcy court’s order denying a motion to compel arbitration in an adversary proceeding to discharge student loan debt following completion of a chapter 13 plan, determining that bankruptcy courts continue to have discretion to deny motions to compel arbitration regarding discharge injunctions after the Supreme Court’s opinion in Epic Systems Corp. v. Lewis, -- U.S. --, 138 S.Ct. 1612, 200 L.Ed.2d 889 (2018). Read more

In Radiance Capital Receivables Fourteen, LLC v. Foster, 2019 WL 5445522 (Va. Oct. 24, 2019), the Virginia Supreme Court recently upheld the dismissal of a complaint based on a guaranty of a construction loan which was originated by a bank. The guarantor successfully raised a statute of limitations defense, despite a contractual waiver of limitations defenses which appeared in the guaranty. The case is a sample of the variegated state laws on pre-dispute waivers of limitations defenses. It is of more general interest because it deals with the lender’s unsuccessful argument that the guarantor committed promissory fraud in agreeing to the waiver provision by signing the guaranty in the first place. Read more

Adding to the circuit split on the issue, the Third Circuit Court of Appeals adopted the minority view and ruled that a creditor’s passive retention of collateral it repossessed prepetition pending a bankruptcy court order is not a “willful violation” of the automatic stay. Read more

The following is a case update written by Hon. Meredith Jury (United States Bankruptcy Judge, C.D. Cal. Ret.), a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more

The bankruptcy court determined after trial that the bankruptcy trustee had met his burden on claims to avoid and recover actual intent and constructively fraudulent transfers under both the Bankruptcy Code and Connecticut fraudulent/voidable transfer statutes against a member and owner of the debtor. Coan v. Chen (in re LXEng LLC), 2019 WL 4146478 (Bankr. D. Ct. 2019). Read more

The following is a case update written by Uzzi O. Raanan, a member of the ad hoc group of the California Lawyers Association’s (CLA) Business Law Section, analyzing a recent decision of interest. Read more