Business Law

In Severin Mobile Towing, Inc. v. JPMorgan Chase Bank, N.A., 2021 WL 2351648 (Cal. Ct. App. June 9, 2021) the California Court of Appeal reversed a trial court ruling under Article 3 of the Uniform Commercial Code which exonerated a bank from liability for accepting for deposit to an employee’s account a series of checks payable to his employer, but indorsed simply with an illegible scrawl which appeared to be the employee’s initials. Read more

In Windstream Holdings, Inc. v. Charter Communications, Inc. (In re Windstream Holdings, Inc.), 627 B.R. 32 (Bankr. S.D.N.Y. 2021) (“Windstream III”), the bankruptcy court awarded $19.1 million in civil contempt sanctions against Charter Communications, Inc. (“Charter Communications”) and Charter Communications Operating, LLC (“Operating”) (collectively, “Charter”) for violating the automatic stay in the chapter 11 cases of debtors Windstream Holdings, Inc. (“Windstream Holdings”) and 204 affiliates (collectively, the “Windstream Debtors” or “Windstream”). Read more

In a ruling contrary to Ninth Circuit law, a California Court of Appeal recently held that the automatic stay in a bankruptcy proceeding did not prevent a judgment creditor from renewing a judgment while the case was pending, but Bankruptcy Code section 108(c) extended the time to renew until 30 days after the stay was terminated. Read more

At its Tuesday, August 10, 2021 public meeting, the Agricultural Labor Relations Board (ALRB) will hold an Informational Panel: Overview of Extreme Heat and Impact of Heat on Agricultural Industry and Farmworkers. Read more

The Delaware Court of Chancery (the “Court”) recently ruled that in appropriate circumstances reverse veil piercing was an available remedy for a judgment creditor who could not collect directly from the judgment debtor, in this particular instance allowing collection activities against subsidiaries of the corporate judgment debtor. Read more

In shareholder suits against directors for breach of fiduciary duty, the shareholder must rebut the business judgment rule and demonstrate the breach involved intentional misconduct, fraud, or a knowing violation of law. Read more

The following published decisions may be of interest to attorneys practicing insurance law. Read more

Please join the Nonprofit Organizations Committee for a program on the topic fiscal sponsorship, presented by Erin Bradrick. Read more

Bankruptcy court did not abuse its discretion in denying an individual chapter 11 debtor's motion to voluntarily convert to chapter 7. Read more

Medicare’s notice-and-comment provision does not apply to local coverage determinations. Read more