In City of Chicago, Illinois v. Fulton et al., Case No. 19-357 (January 14, 2021), the Supreme Court held that 11 U.S.C. § 362(a)(3) does not require a non-debtor return property in the non-debtor’s possession to the debtor. The automatic stay, which is codified in 11...
In Brace v. Speier (In re Brace), Case No. 17-60032 (November 9, 2020), the Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the Bankruptcy Appellate Panel’s (“BAP”) and the bankruptcy court's determination that California’s community property...
By: Kiara Gebhart, Partner On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC, S253677 decided two questions of law relating to meal periods: first, “that employers cannot engage in the practice of rounding time punches – that is,...
By: Kiara Gebhart, Partner After nearly two years of uncertainty as to whether the independent contractor test (“ABC test”) of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) would be applied retroactively, on January 14, 2021, the California...
One of the Firm’s partners, Melissa Davis Lowe, was recently inducted as a Director to the Board of Directors for the Federal Bar Association – Orange County Chapter. Congratulations!
At a Bankruptcy Code section 363 auction that lasted over 13 hours, the Firm’s Alan Friedman and Melissa Lowe, as counsel to debtors YogaWorks, Inc. and Yoga Works, Inc. (the “Debtors”), obtained a final sale price for the Debtors’ assets of nearly double the stalking...
In re Brace was decided this morning by the California Supreme Court and it is favorable to bankruptcy trustees and creditors.The case concerns whether the community property presumption provided for by Cal. Fam. Code § 760 trumps the form of title presumption...
Everyone is familiar with the traditional work schedule: 8:00 a.m. to 5:00 p.m. and five days per week. However, many people may not be aware that California offers another option: the alternative work schedule ("AWS"). AWS allows employees to shorten the days per...
In Merriman v. Fattorini (In re Merriman), BAP No. CC-19-1245-LTaF (July 13, 2020), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held the United States Supreme Court's recent decision in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921,...
Routine governance for your limited liability company ("LLC") or corporation is one step toward avoiding personal liability for its obligations.The good news is routine governance for your LLC or corporation (collectively "Company") is not overly complicated. It is a...
