Business Law

In a consignment distribution model, a third party Warehouse (the consignee) takes possession of goods on behalf of a Vendor (the consignor) for sale to Customers. Title passes directly from the Vendor to the Customer, and the Customer pays the Vendor directly (the Vendor pays the Warehouse a commission). Read more

The recent decision in SE Prop. Holdings, LLC v. Unified Recovery Grp., LLC, No. CV 14-2060, 2018 WL 6267183 (E.D. La. Nov. 30, 2018) (“SE Holdings”) illustrates potential problems for drafting, policing, and litigating security interests in accounts. The district court held that an IRS tax lien had priority over a security interest in accounts taken and perfected years before the tax lien arose, based on the judicially created “choateness” doctrine. Read more

The Supreme Judicial Court of Maine has held that an unauthorized modification of a commercial lease was extinguished when the holder of the senior mortgage foreclosed on the landlord’s interest in the property. [Littlebrook Airpark Condominium Association vs. Sweet Peas, LLC, 2019 Westlaw 123599 (Maine).] Read more

The Nonprofit Organizations Committee is excited to announce its presentation of: The Changing Environment of Sexual Abuse and Liability Insurance on April 18, 2019 10:00 a.m. – 12:00 p.m. Read more

The Business Law Section of the Los Angeles County Bar Association is providing a complimentary Webinar — Annual California and Delaware Law Update (formerly known as the Glendon Tremaine Legal Symposium). Join Keith P. Bishop, Allen Matkins, and Michael D. Allen, Richards Layton & Finger, as they discuss recent California and Delaware case law developments, decisions and legislation affecting California corporations and foreign corporations located in the state. Read more

The Commercial Transactions Committee (the “CTC”), a standing committee of the CLA Business Law Section (the “Section”), is currently seeking members. Read more

The following is a profile of the Honorable Scott C. Clarkson – the tenth in a series of profiles of Ninth Circuit bankruptcy judges. Judge Clarkson and members of the Insolvency Law Committee and Business Law Section Executive Committee met and discussed his personal and professional background, observations from the bench, and issues of interest. Read more

A bankruptcy court in Delaware has held that the "waterfall" provisions contained in an intercreditor agreement barred all distributions to a group of junior lienholders in a Chapter 11 case until the senior lender had been paid in full. [In re La Paloma Generating Co., 2018 Westlaw 6022271 (Bankr. D. Del.).] Read more

A bankruptcy court in New York has held that a note and mortgage were unenforceable because the alleged assignee failed to show that it was the holder of the note, despite an endorsement in blank, a corporate assignment, and physical possession of the note. [In re Pinnock, 2018 Westlaw 5794442 (Bankr. S.D.N.Y.).] Read more

MICRA notice of intent to sue does not toll Government Claims Act deadlines. Plaintiff Jamie Harper was allegedly injured during a surgery at the Modoc Medical Center, a public entity. Almost a year later, her counsel sent Modoc notice of intent to sue, as required by MICRA. (See Code Civ. Proc., § 364.) Modoc treated the notice as a government claim, and rejected it as untimely. (See Gov. Code, § 911.2, subd. (a) [notice of claim must be submitted within 6 months after the cause of action accrues].) Read more