Business Law

1 Hour MCLE The new administration has brought a lot of change and uncertainty to the health care sector.  From major restructuring of the Department of Health and Human Services (HHS) to Congress’ goal of finding savings in Medicaid and the ACA/Marketplace to fund tax reform.  Please join Kelly Delmore and Claire Ernst from Hooper, Lundy & Bookman’s Government Relations and Public Policy Department on May 19 to learn the latest actions by policy makers that will impact every aspect… Read more

A California corporation enjoys the same attorney-client privilege protections as individual clients. But what happens to that privilege when a corporation dissolves? Like in many areas of law, the answer depends. Read more

In a recent decision, the United States Bankruptcy Court for the Southern District of New York (the Court) confirmed a chapter 11 plan which included consensual third-party releases which were procured by using opt-out rather than opt-in requirements.  Read more

In a published opinion, The Ninth Circuit Court of Appeals (the Court) held that the logical relationship test which applies to the equitable doctrine of recoupment demands consideration of the equities, including the purpose of the Bankruptcy Code, in each individual case.  Read more

The Coalition Against Insurance Fraud out of Washington, DC is providing an expert to speak on the $9 Billion a year problem of workers’ compensation claimant fraud. The retired California fraud prosecutor will discuss how to prevent claimant fraud. Read more

The following is a case summary written by Chase A. Stone regarding the recent Fifth Circuit Court of Appeal’s recent opinion in In re Serta Simmons Bedding, L.L.C., 125 F.4th 555 (5th Cir. 2024), (as revised Jan. 21, 2025 and Feb. 14, 2025), including the discussion of the bankruptcy court’s earlier decision (which was directly appealed to the Fifth Circuit Court of Appeals). Read more

Department of Health Care Services’ Medi-Cal overpayment formula may be void as an unlawful underground regulation. Read more

The following is a case summary written by Kathleen A. Cashman-Kramer regarding the recent decision of the Ninth Circuit Court of Appeals in Munding vs. Masingale, 108 F.4th 1195 (9th Cir. 2024). Read more

Kimberly Montoya filed a medical malpractice lawsuit against Dr. Aaron Fowler, alleging that he negligently failed to order a CT scan, despite observing signs of potential stroke, at a time when she might have been a candidate for treatment to reduce the long-term damage from her stroke. Read more

Non-licentiate directors of a private corporation lack statutory authority to perform medical peer review. Read more