Business Law

On March 10, 2022, California Attorney General Rob Bonta released an opinion about a business’s disclosure requirements for “inferred data” (also termed “internally generated inferences”) within the context of an individual’s right of access request (“Data Subject Access Request” or “DSAR”). Read more

Two recent opinions, one from the 11th Circuit in the case of Jackson v. Le Ctr. On Fourth, LLC (In re Le Ctr. On Fourth, LLC) 2021 U.S. App. LEXIS 33845 (11th Cir. 2021), and the second from the Eastern District of Virginia in the case of Patterson v. Mahwah Bergen Retail Grp. Inc. (2022 U.S. Dist. LEXIS 7431) (E.D. Va 2022), express opposite views of Chapter 11 third-party releases. Read more

The Knox-Keene Act does not permit (and the Government Claims Act otherwise bars) unaffiliated hospitals from suing counties for emergency services reimbursements. Read more

The Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) affirmed the decision of the bankruptcy court for the Central District of California that entered a default judgment revoking the Debtor’s discharge after the Court had struck the Debtor’s answer as a terminating sanction. Read more

In this presentation, Ms. Pickett will discuss the notable proposed changes to MICRA that would not only impact health care providers, but health care institutions. Read more

Please join the Nonprofit Organizations Committee for a program on the topic: Don’t Panic – It’s Just an IRS Audit: Guidelines for being Prepared in Case the IRS Comes Knocking. Read more

On April 28, 2022, the California Court of Appeal affirmed a San Mateo County Superior Court’s dismissal of a securities class action case on the basis that the defendant, Restoration Robotics, Inc. (which was subsequently acquired by Venus Concepts Ltd), had adopted a federal forum provision (“FFP”), which provided that claims of violation of the Securities Act of 1933, as amended (the “Securities Act”) were required to be brought in U.S. federal courts. Read more

The program will focus on special topics in traditional Chapter 11 practice. The panel will discuss recent developments and ways to avoid pitfalls in key Chapter 11 areas. Sub-chapter V will not be covered. Read more

In Sienega v. California Franchise Tax Board (In re Sienega), 18 F.4th 1164 (9th Cir. 2021), the U.S. Court of Appeals for the Ninth Circuit (the “Court”) held that faxes sent by a debtor to the California Franchise Tax Board (the “FTB”), notifying the FTB of adjustments to the debtor’s federal tax liability, did not constitute “returns” within the meaning of section 523(a) of the Bankruptcy Code. Read more

In Citigroup, Inc. v. Bruce (In re Bruce), 2021 WL 6111925 (No. 21-CV-7455 (CV)) (S.D.N.Y. December 27, 2021) (“Bruce”), finding that there was no controlling authority in the Supreme Court or the Second Circuit, the United States District Court for the Southern District of New York (the “Court”) granted the appellant banks’ motion to certify for direct appeal to the Second Circuit Court of Appeals (the “Circuit Court”) the Bankruptcy Court’s order denying the banks’ motion to dismiss the debtor’s complaint asserting a nationwide class action against the banks seeking damages and contempt for violation of a discharge order and injunction. Read more