Business Law

On August 8, 2022, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of three actions brought under the Fair Credit Reporting Act (15 U.S.C. §§ 1681 through 1681x) (“FCRA”), adopting a “reasonable reader” standard and holding that delinquent “Pay Status” notations referring to closed accounts are historical information, not reflecting current delinquencies, which are accurate in light of other clarifying language in the credit reports. Read more

The Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) affirmed the bankruptcy court’s approval of a settlement between the chapter 7 trustee (the “Trustee”) of debtor Open Medicine Institute, Inc. Read more

In a case of first impression, the United States Court of Appeals for the Eleventh Circuit (the Circuit) recently ruled that the Bankruptcy Code’s exception to discharge in 11 U.S.C. § 523(a)(4) does not apply to debts incurred by a produce buyer who is acting as a trustee under the Perishable Agricultural Commodities Act (PACA). Read more

Hospital immune from civil liability for reporting to National Practitioner Data Bank that doctor surrendered privileges while under investigation. 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.  Read more

I hope that you are all having a terrific autumn, adjusting well to the recent time change, and that you and your loved ones have had a wonderful Thanksgiving holiday! Read more

The Agribusiness Committee of the California Lawyers Association’s Business Law Section hosted an informative Webinar on October 18, 2022 entitled Agribusiness Legislative Update. Read more

The Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals has determined that the period to give notice under Section 546(b) of the Bankruptcy Code for maintaining or continuing the perfection of a mechanic’s lien is not tolled by Section 108(c). Read more

Attorneys for trustees can be paid for rendering legal services but not for performing trustee duties. That line, however, is not always easy to identify. The Read more

he Fifth Circuit Court of Appeals (the “Circuit”) rejected an exculpation clause for certain non-debtors included in a bankruptcy court’s Chapter 11 confirmation order but approved a gate-keeping function which allowed that court to screen and bar bad-faith litigation against the reorganized debtor, its successors, and other bankruptcy participants that might disrupt the plan’s effectiveness.  Read more