Business Law

Summary judgment entered by a state court on fraudulent transfer claims, which a district court was required to treat as its own following removal to the bankruptcy court and withdrawal of the reference, was not appropriate based on disputed material facts and evidentiary objections that were sustained without providing a basis. Read more

Medical staff credentialing recommendations cannot support a physician’s action against a hospital, a separate legal entity. Read more

A default judgment in a case involving an accounting cause of action must comply with CCP section 580(a), which precludes relief in excess of the amount specifically demanded in the operative complaint. Read more

This webinar will examine how the new sub-chapter V has been implemented in the bankruptcy courts the past year since its effective date. The panel will discuss key provisions of sub-chapter V, and will examine best practices from the perspectives of the sub-chapter V debtor, creditor and trustee. Read more

Taxing agency did not violate the discharge by trying to collect a restitution debt but did violate the discharge by trying to collect a penalty debt. However, the court further held that no liability arises from the violation because the creditor had an objectively reasonable basis for believing its actions were lawful. Read more

The BLS is comprised of 15 Standing Committees, including the BLN Editorial Board, whose members review and propose legislation, draft and edit eBulletins, BLN articles, and practice guides, and speak at live and webinar programs. 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 November 2020 update to Trade Secrets Practice in California.  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 trade secrets protection during the pandemic, workplace issues, trade secrets misappropriation, and ownership and disclosure issues.  Read more

The Franchise Law Committee presents the following case update. In 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. The court rejected a previous test for determining whether workers should be classified as either employees or independent contractors. Read more

Business Law Section (BLS) members and friends, present and future: Welcome to March and please enjoy a moment of gratitude, as we have completed one year managing the Covid-19 pandemic. This past year challenged every aspect of our lives and narrowed our priorities to the basics: good health and wellness. In that context, BLS was especially grateful for our members’ continued engagement, to offer and receive support, to exchange ideas, to build community . . . and for providing inspiration, humor and some tasty cocktail recipes along the way. Read more

Farmers and ranchers in the San Joaquin Valley (Valley) must now implement alternatives to agricultural burning to comply with the California Air Resources Board (CARB) approved “near-complete phase-out” of agricultural burning by January 1, 2025. Read more