Business Law

The California Supreme Court recently ordered the approval of new Rule 8.3 (Reporting Professional Misconduct), sometimes referred to (perhaps derogatorily) as the “snitch rule.” This new Rule of Professional Conduct became effective on August 1, 2023. Read more

The Insolvency Law Committee (ILC) of the Business Law Section of the California Lawyers Association filed an amicus curiae brief in the Supreme Court of the United States in William K. Harrington, United States Trustee, Region 2, v. Purdue Pharma L.P., et al., a case arising out of the bankruptcy of Purdue Pharma, the manufacturer of OxyContin, in which Purdue Pharma and related entities filed for bankruptcy. Read more

In Coinbase, Inc. v. Bielski, 143 S. Ct. 1915 (2023) (“Coinbase”), the United States Supreme Court (the “Supreme Court”) reversed the rulings of the Ninth Circuit Court of Appeals (the “Ninth Circuit”) and District Court, holding that an interlocutory appeal of a ruling denying a motion for arbitration under § 16 of the Federal Arbitration Act (the “FAA”) stays the entire underlying litigation rather than being subject to the traditional federal discretionary stay analysis for appeals.  Read more

This webinar will discuss the benefits and pitfalls of stalking horse purchases and/or sales in bankruptcy proceedings.   Read more

The Seventh Circuit Court of Appeals (the Court) reversed a district court decision which dismissed for lack of standing a purported class action lawsuit based on a violation of the Fair Debt Collection Practices Act (FDCPA). Read more

The Ninth Circuit Court of Appeals (Ninth Circuit) recently held that post-petition, pre-conversion appreciation in value of an asset belongs to the chapter 7 bankruptcy estate, not the debtors, following conversion from chapter 13 in good fait Read more

In Tahican, the Nevada Supreme Court held that a fraudulent transfer claim seeking avoidance of a transfer of real property affects title or possession of real property under NRS 14.010(1) and supports a lis pendens, regardless of whether the plaintiff claims title or possession of the property. Read more

In a trade secrets dispute between two franchisors of cookie stores, a federal judge has denied Crumbl, a Utah-based cookie-bakery chain, an injunction against one of its rivals that would have ordered the rival to open no new stores while the lawsuit remained active. Crumbl LLC v. Dirty Dough LLC, 2023 WL 5180370, at *1 (D. Utah Aug. 11, 2023).  Read more

The National Labor Relations Board (NLRB) put the pedal to the proverbial metal with its recentCemex Construction Materials Pacific, LLC decision and companion New Rule governing the formation of unions. Read more

The Business Law Section is pleased to announce that John F. Hartigan will receive the Business Law Section’s 2023 Lifetime Achievement Award. This prestigious award is annually presented to a California attorney “who over an extended period has made significant contributions to the Section or business law generally, or both, in the state of California and who has achieved high status in the legal community.” John is the latest addition to an impressive list of business attorneys and legal scholars who have received this recognition. Read more