Business Law

Dr. Shirley N. Weber, a San Diego Assemblymember and Chair of the California Legislative Black Caucus, has been sworn in as the California Secretary of State by Governor Gavin Newsom. Read more

Following Conversion to Chapter 7, Chapter 13 Trustee Must First Pay Allowed Chapter 13 Administrative Claims and Then Pay Any Remaining Funds to the Debtor. Read more

Defendant Is Entitled to Attorneys’ Fees After Defending Alter Ego Claim Even Though Defendant Was Not a Party to the Underlying Contract With the Attorneys’ Fee Provision. Read more

Court denied City's request to apply the reasoning of BFP v. RTC to the Massachusetts property tax strict foreclosure scheme which results in a tax taking rather than an auction. Read more

Unlicensed companies may manage licensed skilled nursing facilities via an approved management agreement. Read more

Prior precedent establishing contempt as the exclusive remedy for discharge injunction violations did not preclude a discharged debtor from seeking a remedy under the FDCPA against debt collectors who attempted to collect a debt that had been paid in full. Read more

On February 4, 2021, the Federal Trade Commission announced a suspension of grants of early termination of the 30-day HSR waiting period, for all transactions, during a ‘review period’ as the FTC and the DOJ assess the policies and procedures used to grant early termination. Read more

Bankruptcy Court denied law firm’s employment application in debtors’ Chapter 11 Subchapter V bankruptcy cases because of the firm’s prepetition representation of debtors and their principals as counsel in litigation with the debtors’ largest creditors. Read more

On January 28, 2021, the Delaware Court of Chancery, in the case of Swipe Acquisition Corporation v. Peter M. Krauss et.al., 2021 Del Ch. Lexis 14, held that a Delaware choice of law provision in a stock purchase agreement must yield to the State of California’s strong public policy that violations of its corporate securities laws are not waivable. Read more

Bankruptcy Court denied cross-motions for summary judgment when addressing whether a Merchant Cash Advance Agreement were loans or true sales of future receivables. Read more