In an unpublished but analytical opinion, the Bankruptcy Appellate Panel for the Tenth Circuit (the BAP) recently affirmed a bankruptcy court decision which held that under the Limited Liability Company Act of Oklahoma (the Act) a chapter 7 trustee may not sell or assign a debtor member’s purely economic interests in Limited Liability Companies(“LLCs”) without complying with restrictions on such transfers contained in the LLCs’ Operating Agreements. Malloy v Kramer (In re Kramer), 2022 WL 17176411 (10th Cir. BAP Nov. 23, 2022). Read more
On October 7, 2022 the California Court of Appeal, First District, Division 4 (“Court of Appeals”) reversed the trial court’s Anti-SLAPP order striking the complaint filed by Kacie Lynn Young (“Plaintiff”), and held that Cal. Civ. Code § 1788.17 incorporates into the Rosenthal Fair Debt Collection Practices Act the strict liability standard of 15 U.S.C. § 1692(e) for false statements made in collecting a debt or regarding the legal status of the debt. To review, click here. Read more
The following is a case update written by Marc Lieberman of FLP Law Group LLP analyzing a recent decision of interest, Elissa Miller v Slotkin Defective Trust of December 14, 2021 et al (In re Mark Abbey Slotkin), No. 20-bk-12042-BB, 2022 WL 16835524 (Bankr. C.D. Cal. Oct. 13, 2022) (“Slotkin”). Read more
The following regulatory information may be of interest to attorneys practicing insurance law. This information is current as of February 14, 2023. Read more
Presentation will focus on current enforcement and compliance trends in the immigration law affecting agribusinesses including I-9 compliance, E-Verify, work visas, and best practices for employers. Read more
An IRA/LLC is an investment structure whereby an IRA invests capital into a newly created limited liability company (“LLC”). The IRA owns the LLC units just like your IRA can own Coca-Cola corporation stock. Read more
The Agribusiness Committee of the California Lawyers Association’s Business Law Section presents guest speaker Mike Howerton on the topic: Intuitive Business Development for Overworked Lawyers on February 21, 2023, at 12 noon to 12:30 p.m. Get real tips and a practical action plan to grow and development your legal practice from an entrepreneurial and executive coach! Read more
Panel Discussion of new Section 119 to the California Corporations Code providing for corporate ratification and judicial validation of noncompliant corporate actions, similar to laws adopted in Delaware and Nevada. Read more
In Akhlaghpour v Orantes, 86 Cal. App. 5th 232 (2022), the California Court of Appeal reversed a trial court decision which granted a demurrer without leave to amend and dismissed a lawsuit filed by a former chapter 11 debtor against her chapter 11 attorney for malpractice. Read more