Business Law

Courtesy of CEB, we are bringing you selected legal developments in areas of California business law that are covered by CEB’s publications.  This month’s feature is from the September 2022 update to Privacy Compliance and Litigation in California.  References are to the book’s section numbers.  The most significant legal developments since the last update include developments in such important topic areas as information security and security breaches, financial and health information privacy, identity theft, internet and electronic privacy, and the California Consumer Privacy Act.   Read more

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Over a strident dissent, in a case of first impression for the circuit, the Eleventh Circuit Court of Appeals (the Court) recently held that a series of monthly mortgage statements sent by a loan servicer to comply with the requirements of the Truth in Lending Act (TILA) were potentially communications in connection with the collection of a debt under the Federal Debt Collection Practice Act (FDCPA), reversing the district court’s dismissal with prejudice of a complaint alleging FDCPA violations. Daniels v Select Portfolio Servicing, Inc., 2022 WL 1639012 (11th Cir. May 24, 2022). Read more

The Bankruptcy Appellate Panel for the Tenth Circuit (the BAP) rejected the bankruptcy court’s acceptance of the earmarking doctrine as a defense to a preference and fraudulent transfer action brought by a chapter 7 trustee against insiders of the corporate debtor. Read more

The District Court for the District of Utah (the Court) recently ruled that that automatic stay imposed by Bankruptcy Code § 362 did not bar a federal district court contempt proceeding from going forward after the contemnor filed a chapter 7 bankruptcy. Pizzella v Paragon Contractors Corp., 2022 WL 1224975 (D. Utah, April 26, 2022). Read more

Predatory consumer lender, CashCall, Inc., tried to avoid state usury laws by making loans through an LLC created by an Indian tribe. Read more

This panel, led by three veterans in the DE&I space, will focus on why DE&I is important in American business and how best to make it an integral part of a firm's culture, vision, and decision-making processes. Read more

In Bear Creek Trail, LLC v. BOKF, N.A. (In re Bear Creek Trail, LLC), 35 F.4th 1277 (10th Cir. 2022), the U.S. Court of Appeals for the Tenth Circuit (the “Court”) held that a debtor’s former management lacks authority to file an appeal, on behalf of the debtor, of an order converting the debtor’s case from chapter 11 to chapter 7. Read more

In NetJets Sales, Inc. v. RS Air, LLC (In re RS Air, LLC),, 2022 WL 1284012 (9th Cir. BAP 2022,) (“NetJets”), in an unpublished decision, the United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) reversed the Bankruptcy Court’s ruling that the appellant’s motion for creditor standing to bring a claim on behalf of the estate failed to state a claim because the action was unlikely to succeed since the Bankruptcy Court applied the incorrect standard for resolution of the motion. Read more

In a recent published opinion, the Second Circuit Court of Appeals (the Court) held that a debtor who successfully defends an appeal of an order finding a creditor in contempt for violation of the discharge injunction is entitled to an award of appellate attorney’s fees as part of the sanctions which are available for such a finding. Read more