Business Law

Medicaid does not bar States from asserting liens against beneficiaries’ recover of medical expense damages from third-party tortfeasors. Read more

So long as a structured settlement does not violate the absolute priority rule, a bankruptcy court may approve it notwithstanding the U.S. Supreme Court's ruling in Jeric Holding. Read more

Court reversed a trial court ruling under Article 3 of the UCC that exonerated a bank from liability for accepting for deposit to an employee's account a series of checks payable to his employer, but endorsed with an illegible scrawl that appeared to be the employee's initials. Read more

Two BLS Standing Committees, Corporations and Non Profit Organizations, sponsored new legislation signed by Governor Newsom on October 5, 2021. AB 663 (Assemblymember Chen) amends the General Corporation Law and the Corporations Code provisions relating to Nonprofit Public Benefit, Mutual Benefit and Religious Corporations and Cooperative Corporations. It will allow California corporations in non-emergency circumstances to use remote participation (including telephonic participation), while preserving the ability of shareholders and members to attend a meeting in person if they want to do so by requiring a meeting to be “hybrid” (i.e., also have a physical location) unless all shareholders or members consent to a “virtual” meeting. The bill also provides delegates the ability to conduct virtual meetings. 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 September 2021 update to Sales and Mergers of California Businesses. 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 COVID-19, antitrust, noncompetition agreements, securities, and taxation. Read more

The Business Law Section presented its Lifetime Achievement Award to Mark A. Moore at the 2021 CLA Annual Meeting on September 24, 2021. This award is given annually a California lawyer who “over an extended period has made significant contributions to the Business Law Section or to business law generally in the State of California and who has achieved high status in the legal community.” Read more

The Financial Institutions Committee, a standing committee of the BLS, is currently seeking new members. Read more

Around this time last year, the first cases of what we now know to be COVID-19 were discovered, and our lives have not been the same. We endured quarantines and lockdowns — masked and socially distant from our family, friends, and colleagues — while learning how to navigate virtual depositions, trials, and meetings. Read more

The FRBP, rather than the FRCP, govern a non-core case being adjudicated in US District Court under that court's "related to" bankruptcy jurisdiction. Read more

The Business Law Section is compiling the complete Interpretive Opinions concerning franchise issues from the State of California Department of Corporations. For past Franchise Opinion reports, click here or contact the Business Law Section. Read more