Business Law

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 March 2021 update to Understanding Fiduciary Duties in Business Entities. 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 fiduciary duties in for-profit corporations, fiduciary duties in family businesses, breach of fiduciary duty litigation, and D & O insurance. Read more

In Emond v. Ryan McCarthy Investments, LLC (“Emond”), __ B.R.__, 2020 Bankr. LEXIS 1543 (May 21, 2020), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit, in a non-published opinion, ruled that the bankruptcy court abused its discretion by granting a creditor’s motion to extend the deadline to file a complaint objecting to the dischargeability of a debt under 11 U.S.C. section 523 without a finding or showing of cause as required by Fed. R. Bankr. P. 4007(c). Read more

You get sued by a friend who claims that he/she is entitled to a percentage of your profitable business contending that the two of you had formed a partnership years ago. Read more

In re Cabral, 2020 WL 6556998 (November 5, 2020), the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirmed the bankruptcy court's decision denying Debtors’ motion to dismiss their Chapter 7 case for cause under Section 707(a). Read more

In Facebook v. Duguid, --- S. Ct. ----, 2021 WL 1215717 (Apr. 1, 2021), a unanimous United States Supreme Court on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted definition of automatic telephone dialing system (ATDS), or autodialer. Courts have struggled to uniformly define this equipment, creating a Circuit split. Read more

In its litigation-ending opinion in Facebook, Inc. v. Duguid (April 1, 2021) No. 19-511, the U.S. Supreme Court reminded litigators that even in the new world of emojis, automation and digitalization, grammar still matters. Read more

The BLS’ Internet and Privacy Law Committee (“IPLC,” fka “Cyberspace Committee”) is pleased to announce that it has established a publishing partnership with Santa Clara University School of Law’s Privacy Law Initiative. Read more

Ninth Circuit affirms BAP’s decision upholding Chapter 7 Trustee’s sale of Debtor’s defensive appellate rights. Read more

Ninth Circuit certifies to the New York Court of Appeals questions about whether a defense of usury applies to litigation financing agreement. Read more

Corporate entity dissolved pre-petition by forfeiture under Texas law is not eligible to be a debtor in a chapter 11, subchapter V bankruptcy case. Read more