Business Law

This program will discuss the following topics: Overview of Business Succession Planning Due Diligence and Protective Measures Often Overlooked by Business Owners Pre-Sale Income Tax Planning Opportunities for Sellers Sales to Third Parties During COVID-19 Pandemic ... Read more

Chapter 11 debtor may amend her petition to proceed under Subchapter V of the Small Business Reorganization Act of 2019 even when her case has been pending for over fifteen months and a proposed creditor's plan has been set for hearing. Read more

In its opinion in The Matter of the Appeal of Aroya Investments I, LLC, issued on July 7, 2020, the California Office of Tax Appeals (OTA) held that an out-of-state limited liability company (LLC) was “doing business” in California, and therefore subject to the $800 annual minimum franchise tax charged LLCs, based solely on the LLC’s ownership of a 0.78% membership interest in another manager-managed LLC. Read more

Court gave effect to the endorsement on a mortgage note that was endorsed for assignment by the original lender using the stamped signature of a person who had left the bank's employ years earlier. Read more

The Eleventh Circuit Court of Appeals holds that if a trustee does not assume a personal property lease before confirmation of a Chapter 13 plan, the leased property is no longer property of the estate and cannot be assumed by the debtor in the confirmed plan on behalf of the estate. In re Cumbess, 2020 WL 2897260 (June 3, 2020). Read more

The high-profile Chapter 11 of Sears produced another decision involving the high-profile Mall of America (“Mall”). MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.), 2020 WL 2319194 (S.D.N.Y. May 11, 2020). Read more

A Texas bankruptcy court has held that a debtor may not amend its chapter 11 petition to proceed under subchapter V of the Small Business Reorganization Act of 2019 in a case pending prior to the effective date of the SBRA. [In re Double H Transportation LLC, 2020 WL 2549850, Case No. 19-31830 (Bankr. W.D. Tex. Mar. 5, 2020).] Read more

The California Legislature recently passed a budget trailer bill which, if signed by the Governor, would significantly alter the amount a homeowner can exempt from a forced sale of a home. Read more

The California Court of Appeal has weighed in on whether Amazon is subject to strict products liability for damages arising from a defective product sold on Amazon’s website by a third-party seller. Because as a factual and legal matter, Amazon placed itself between the seller and the buyer in the chain of distribution of the product at issue, the court found Amazon was strictly liable. Read more

This presentation will cover some basics regarding trademark process and procedure, along with specific issues non-profits regularly face such as issues of descriptiveness and licensing. Read more