Business Law

In Haynie v. Krystal (In re Haynie), 624 B.R. 872 (Bankr. 9th Cir. 2021) (“Haynie”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that the Bankruptcy Court correctly ruled that the later of two competing inconsistent “judgments” in the same case between the same parties in state court on the same dispute was entitled to preclusive effect in a nondischargeabilty adversary proceeding. Read more

The California Court of Appeal tackled the perplexing subject of sales and use tax by beginning its opinion acknowledging the complexity of the subject matter: “Albert Einstein reportedly said, ‘The hardest thing in the world to understand is the income tax.’ Read more

We are back and in person! A panel of distinguished financial services experts will discuss legal, regulatory and technology developments impacting the financial services industry, fintech challenges, cybersecurity threats, new payments developments, consumer protection enforcement, outlook on regulatory supervision, and more. Read more

The Business Law Section is pleased to announce that James P. Hill (“Jim”) has been selected to receive the Business Law Section’s 2022 Lifetime Achievement Award. Read more

In a wage-and-hour misclassification action, the District Court, Judge Alsup, granted in part plaintiffs’ motion for class certification and motion for summary judgment on certain certified claims, finding Jan-Pro franchisees to be employees who had been misclassified as independent contractors. Read more

Plaintiff Charles Logan executed an Advanced Directive (Prob. Code, §§ 4600–4805) appointing his nephew, Mark Harrod, as his health care agent. Read more

Please join the Nonprofit Organizations Committee for a program on the topic of “Updates from the Secretary of State and bizfile Onlinehe.” Read more

Plaintiff Michael Franklin’s primary care physician referred him to Dr. John Park, a neurosurgeon, for herniated disc treatment. Franklin viewed webpages indicating that Dr. Park was associated with Cottage Hospital before seeing him for treatment. Read more

Governor Gavin Newsom has signed SB 218 (sponsored by Senator Jones), which was proposed by the California Lawyers Association’s Business Law Section Corporations Committee and adds an important new Section 119 to the California Corporations Code (CCC) providing for corporate ratification and judicial validation of noncompliant corporate actions. 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.  This month’s feature is from the July 2022 update to Internet Law and Practice 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 copyright, patent, trademark, electronic contracting, privacy, cybersecurity, Internet advertising, and First Amendment issues.  Read more