California Lawyers Association

Business Law

Updates and events from the Business Law Section

Many FinTech Companies’ missions are similar: democratize financial services , create an open financial system , and have every individual participate and thrive in the economy. Read more
The passage of the California Consumer Privacy Act (CCPA), its multiple amendments and revisions, and the recent support of a majority of California voters to pass Proposition 24, the California Privacy Rights Act, aimed at enhancing it, reflects how privacy issues occupy consumers’ attention and consequently, are on the radar of companies who collect information about California residents. Read more
It is common that an individual will transfer real property to an LLC either to pursue asset protection or to achieve estate and gift planning. Read more
The Pew Research Center survey on Americans and Privacy found most Americans have been asked to agree to a company’s privacy policy and that 22% always or often read the privacy notice, while another 38% sometimes read the notice. Read more
Most of us never would have imagined that there would come a day when we would flinch at the thought of touching a credit card machine or at the prospect of leaving the safety of our homes simply for groceries. Read more
This webinar will examine how the new sub-chapter V has been implemented in the bankruptcy courts the past year since its effective date. The panel will discuss key provisions of sub-chapter V, and will examine best practices from the perspectives of the sub-chapter V debtor, creditor and trustee. Read more
Covid-19 treatment progresses further, as eligibility for vaccinations broadens: After April 1, 2021 for citizens over the age of 50 and after April 15, 2021 for those over the age of 16. Read more
It is well settled in Delaware that removal of default fiduciary duties through an LLC agreement must be accomplished with clear and unambiguous language. 77 Charters, Inc. v Gould (Del Ch May 18, 2020, No. 2019-0127-JRS) 2020 Del Ch Lexis 186, *22. "Although fiduciary duties may be disclaimed, agreements' drafters must do so clearly, and should not be incentivized to obfuscate or surprise investors by ambiguously stripping away the protections investors would ordinarily receive." Ross Holding & Mgmt. Co. v Advance Realty Group, LLC (Del Ch Sept. 4, 2014, No. 4113-VCN) 2014 Del Ch Lexis 173, *51. See §3.54. Read more
Six years after publishing the popular First Edition of the Assignment for the Benefit of Creditors Desk Guide, the Insolvency Law Committee of the Business Law Section of the California Lawyers Association has updated and enhanced the Guide for continued use by assignors, assignees, creditors, landlords, purchasers of assets, owners, accountants, real and personal property brokers and other related professionals. Read more
In Emond v. Ryan McCarthy Investments, LLC (“Emond”), __ B.R.__, 2020 Bankr. LEXIS 1543 (May 21, 2020), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, in a non-published opinion, ruled that the bankruptcy court abused its discretion by granting a creditor’s motion to extend the deadline to file a complaint objecting to the dischargeability of a debt under 11 U.S.C. section 523 without a finding or showing of cause as required by Fed. R. Bankr. P. 4007(c). Read more

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