Business Law

Trustee prevailed on constructive fraudulent transfer claim to avoid and recover a "gift of equity" from debtor to his adult children as part of a prepetition sale of real property. Read more

The Court of Appeals of Nevada recently issued a detailed opinion, drawing on nationwide authority, interpreting section 9-609 of the Uniform Commercial Code, which authorizes a secured creditor to enter private property to recover possession of collateral so long as the repossession proceeds “without breach of the peace” (a term not defined in the UCC). The case is Droge v. AAAA Two Star Towing, 2020 WL3415636 (June 18, 2020). Read more

The Nonprofit Organizations Committee is pleased to announce our upcoming presentation "Navigating the New Normal: Legal Considerations for Nonprofits During the Pandemic" by Corinne Gartner, Delfino Madden O’Malley Coyle & Koewler LLP. Read more

The following is a case summary written by Kathleen A. Cashman-Kramer analyzing Elliott vs. Pacific Western Bank, 969 F.3d 1006 (9th Cir. 2020). Read more

The Securities and Exchange Commission (“SEC)”) has amended to Rules 501(a), 215, and 144A from the Securities Act of 1933, to update the accredited investors definition, one of the principal tests to determine eligibility for participation in private capital markets. Read more

As the calendar advances another month, the Business Law Section (BLS) standing committees and Business Law News continue to produce updates, events and networking opportunities. Whether as a new or seasoned professional, engagement with a standing committee benefits your practice by honing legal knowledge, improving management skills and expanding networks. These opportunities are made available by talented, patient colleagues who have contributed substantial time and expertise to the betterment of the legal profession. Read more

In re Clinkingbeard, 2020 WL 1517932 (Bankr. D. Kan. Mar. 30, 2020) navigates the crossroad between Article 9 of the Uniform Commercial Code and a state law governing the perfection of a security interest in a motor vehicle. Read more

Doctor network agreement may require arbitration review of an administrative dispute resolution panel’s decision. Read more

Penalty Portion of Tax Lien Avoided for Benefit of Unsecured Creditors and not Junior Lienholders Read more

The Centers for Medicare and Medicaid Services (CMS) may make a “national coverage determination” (NCD) regarding whether Medicare will pay for “durable medical equipment.” Either the manufacturer or a Medicare beneficiary may seek an NCD determination. Read more