Business Law

Whether and how lawyers may invest in their clients is a perennial topic of interest for business lawyers, ebbing and flowing with the economy. In the dotcom boom of the 1990s Silicon Valley firms touted the huge profits they made from taking equity in their clients, riding the IPO wave to (hoped-for) mutual success. Two decades on, lawyers and law firms continue to invest in clients, often through venture funds or other investment vehicles. It is not uncommon for lawyers to invest in their clients, particularly for lawyers or law firms that represent emerging companies. It is also accepted by this point that doing so is not per se unethical, although depending on the facts, there could be ethical risk involved. It is important that lawyers who wish to invest (or take some form of stake) in their clients understand the ethical Read more

Does the representation of a client against a subsidiary of a current client constitute a conflicted representation? Not surprisingly, the answer to this question is ... it depends. As with so many ethics questions, there is no bright line rule. Read more

Since you took an in-house attorney position and no longer work for a law firm, you don't have to worry about the nuances and application of all of California's ethical rules, right? Ok, fine, there's still the general duty of loyalty to consider, and, of course, confidentiality, but most of the other ethical rules—just like time sheets and billings—no longer apply, right?

Sorry, but that's just not the case. In fact, you might be surprised to learn which ethical rules apply to you in your in-house position, and how such rules apply. Read more

This article explores that many ethics issues that arise in business development transactions01. The issues will be explored in the context of a complex mixed financed affordable housing development. However, the ethical issues are applicable in most complex business transactions. The article is organized to provide a list of issues that should be considered as follows: (i) the initial inquiry; (ii) the transaction; (iii) the client, (iv) the engagement letter; (v) the conflict letter; (vi) the client files; (vi) the former client; and (vii) the on-going ethical obligations. Read more

The Business Law Section's journal, the Business Law News, is always high in-demand and a valuable member benefit. For ISSUE 2, 2024, the section has decided to make the edition's ethics articles free for all to view to showcase its top-notch articles. Take a look to view these articles below: Read more

September 19, 2024 Dear constituency list members of the Insolvency Law Committee, the following is a case update written by Hale Andrew Antico, Chief Counsel of Antico Law Firm, analyzing In re Wike, 660 B.R. 683 (B.A.P. 9th Cir. 2024) (“Wike”), a recent case of interest: SUMMARY In Wike, the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) ruled that the disciplinary costs assessed against an attorney who filed for Chapter 7 bankruptcy protection were discharged under 11 U.S.C. §… Read more

September 19, 2024 at 10:00 a.m. Please join the Nonprofit Organizations Committee for a program on the topic: Appraisals for Charitable Contributions of Personal Property, to be presented by Jennifer M. Wood. Topics covered will include: IRS requirements for a qualified appraisal Understanding appraiser qualification criteria Case studies of problematic appraisals IRS penalties for incorrect valuations Unrelated use of donated property Jennifer Wood is an Accredited Senior Appraiser of the American Society of Appraisers.   She received a Master's degree in… Read more

In Meineke Franchisor SPV LLC v. CJGL, INC., No. 2:23-CV-00374, 2024 WL 4004998 (C.D. Cal. July 24, 2024), the Central District granted Meineke’s motion for summary judgement on each of defendant’s nine counterclaims. This is a cautionary tale for franchisee’s lawyers to plead all claims and to bring them early. BackgroundMeineke1 sublet the franchised premises to the franchisee, who ultimately vacated the premises after Meineke opted not to renew the master lease and the franchisee was unable to secure a… 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 January 2024 update to Organizing Corporations in California.  References are to the book’s section numbers.  The most significant legal developments affecting corporate formation practice in California since the last update include developments in such important topic areas as board diversity requirements, director inspection rights, the Corporate Transparency Act, crowdfunding, jurisdiction, and more. … Read more

The BLS is comprised of 15 Standing Committees, including the BLN Editorial Board, whose members review and propose legislation, draft and edit eBulletins, BLN articles, and practice guides, and speak at live and webinar programs. Membership on a Standing Committee affords unique opportunities to participate in the creation of law in your practice area, to get to know and be known by other practitioners, to work with the recognized leaders in your field and to stay on the cutting edge… Read more