Business Law

Doctrine of primary jurisdiction, not exhaustion of remedies, warrants staying litigation to obtain a decision on issues within an agency’s expertise. Read more

When a state court defendant has stipulated to facts supporting a state court fraud judgment, those same stipulated facts will support a nondischargeability judgment under Bankruptcy Code section 523(a)(2)(A) based on collateral estoppel. Read more

Judge Segal, former chief magistrate judge of the central district of California, will answer questions from moderator and audience regarding third party discovery. In particular, the discussion will focus on “custody, possession or control” and when documents are in the legal control of a party or in the custody of a third party; what type of relationship is necessary to show “legal control”; what a third party must do to object to discovery; what a party must do if he or she wants to object to third party discovery; and what are the court’s concerns when third party discovery is at issue. Judge Segal will also discuss enforcement of third-party discovery. Read more

Trial court abused its discretion in appointing a receiver to aid in collecting a money judgment where there was no evidence showing the judgment debtor was frustrating efforts to collect the judgment. Read more

In Urbina v. Nat’l. Bus. Factors Inc. 979 F.3d 758 (9th Cir. 2020) (“Urbina”), the United States Court of Appeals for the Ninth Circuit held that a debt collector did not qualify for the bona fide error defense in 15 U.S.C. § 1692k(c) of the Fair Debt Collection Practices Act (“FDCPA”) by contractually obligating its creditor-clients to provide accurate information. Read more

In early 2021, the California Senate introduced two bills related to reporting of greenhouse gas emissions (SB 260) and climate-related financial risk (SB 449). Both bills were amended as recently as April 2021. Read more

This panel, comprised of an esteemed Bankruptcy Judge and two bankruptcy attorneys with extensive experience in such matters will discuss developments in the case law of particular interest to California practitioners, as well as some "best practices." Read more

This program will provide a primer on recent antitrust enforcement in the technology sector for both experienced antitrust practitioners and non-antitrust specialists. Read more

The Bankruptcy Appellate Panel for the Ninth Circuit remanded in part and reversed in part the decision of the bankruptcy court for the Northern District of California that entered a pre-filing order upon a finding that a chapter 7 debtor was a vexatious litigan Read more

It’s common for business owners, especially ones that are operating on a budget, to offer equity in exchange for a number of services/goods including for legal work, to accountants, vendors, IT people, among others. However, equity in a company is a business’s greatest asset. Read more