Business Law

This article explores that many ethics issues that arise in business development transactions01. The issues will be explored in the context of a complex mixed financed affordable housing development. However, the ethical issues are applicable in most complex business transactions. The article is organized to provide a list of issues that should be considered as follows: (i) the initial inquiry; (ii) the transaction; (iii) the client, (iv) the engagement letter; (v) the conflict letter; (vi) the client files; (vi) the former client; and (vii) the on-going ethical obligations. Read more

The Business Law Section's journal, the Business Law News, is always high in-demand and a valuable member benefit. For ISSUE 2, 2024, the section has decided to make the edition's ethics articles free for all to view to showcase its top-notch articles. Take a look to view these articles below: Read more

September 19, 2024 Dear constituency list members of the Insolvency Law Committee, the following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Wike, 660 B.R. 683 (B.A.P. 9th Cir. 2024) (“Wike”), a recent case of interest: SUMMARY In Wike, the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) ruled that the disciplinary costs assessed against an attorney who filed for Chapter 7 bankruptcy protection were discharged under 11 U.S.C. §… Read more

September 19, 2024 at 10:00 a.m. Please join the Nonprofit Organizations Committee for a program on the topic: Appraisals for Charitable Contributions of Personal Property, to be presented by Jennifer M. Wood. Topics covered will include: IRS requirements for a qualified appraisal Understanding appraiser qualification criteria Case studies of problematic appraisals IRS penalties for incorrect valuations Unrelated use of donated property Jennifer Wood is an Accredited Senior Appraiser of the American Society of Appraisers.   She received a Master's degree in… Read more

In Meineke Franchisor SPV LLC v. CJGL, INC., No. 2:23-CV-00374, 2024 WL 4004998 (C.D. Cal. July 24, 2024), the Central District granted Meineke’s motion for summary judgement on each of defendant’s nine counterclaims. This is a cautionary tale for franchisee’s lawyers to plead all claims and to bring them early. BackgroundMeineke1 sublet the franchised premises to the franchisee, who ultimately vacated the premises after Meineke opted not to renew the master lease and the franchisee was unable to secure a… Read more

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications.  This month’s feature is from the January 2024 update to Organizing Corporations in California.  References are to the book’s section numbers.  The most significant legal developments affecting corporate formation practice in California since the last update include developments in such important topic areas as board diversity requirements, director inspection rights, the Corporate Transparency Act, crowdfunding, jurisdiction, and more. … Read more

The BLS is comprised of 15 Standing Committees, including the BLN Editorial Board, whose members review and propose legislation, draft and edit eBulletins, BLN articles, and practice guides, and speak at live and webinar programs. Membership on a Standing Committee affords unique opportunities to participate in the creation of law in your practice area, to get to know and be known by other practitioners, to work with the recognized leaders in your field and to stay on the cutting edge… Read more

September 2024 Cathryn S. GawneBLS Chair Dear Business Law Section Members and Friends, While most of California is currently enjoying a glorious summer, the BLS, our fellow Sections and the CLA are focusing on next year.  It’s not that we’re skipping over the second half of 2024 (that would mean missing the college football season!), but rather that we’re getting ready for a new CLA term that begins immediately after the conclusion of the CLA Annual Meeting on September 8,… Read more

On July 23, 2024, U.S. Senators Sheldon Whitehouse (D-RI) and Josh Hawley (R-MO) and representatives Emilia Sykes (D-OH) and Lance Gooden (R-TX) introduced the Ending Corporate Bankruptcy Abuse Act (“ECBA”).  The purpose of the ECBA is an attempt to end the so-called “Texas Two-Step” that has been pervasive in recent years.  One such use of this process can be found in the Johnson & Johnson bankruptcy cases dealing with talc-related injury claims.  For those unfamiliar with it, the "Texas Two-Step"… Read more

The Business Law Section is pleased to announce that Neil J Wertlieb has been selected to receive the Business Law Section’s 2024 Roland E. Brandel Lifetime Achievement Award. Read more