Business Law

The Fifth Circuit Court of Appeals (the Court), in a case arising from the failure to perform by the successful online bidder at a bankruptcy auction, reversed the district court’s admission of online documents which provided a monetary limit for the bidder’s liability. Deciding evidentiary issues which had not been adequately addressed by precedent in the circuit, the Court found the documents had not been properly authenticated and were not excepted from the hearsay rul Read more

In an unpublished disposition, the Ninth Circuit Court of Appeals (the Court) affirmed bankruptcy court and district court rulings that a debtor’s beneficial interest in real property owned by an irrevocable trust was a sufficient equitable interest to support an automatic homestead exemption under California law. Read more

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