The Supreme Court of the United States issued its long awaited follow up decision to Stern v. Marshall, 564 U.S. ___ (2011). In Stern, the Supreme Court held the U. S. Constitution does not permit a bankruptcy court to enter final judgment on certain bankruptcy...
Prior to the December 2010 amendments to the Federal Rules of Civil Procedure ("FRCP"), Rule 26 required that a party produce all "data or other information considered by" its testifying experts. This included draft expert reports and notes, as well as communications...
"The Supreme Court of the United States unanimously decided on Wednesday, June 25th, that the contents of your cell phone are worthy of protection under the Fourth Amendment from unreasonable searches and seizures by the government. The Court was clear that if the...
Whether you're seeking to hold someone liable for patent infringement or defending against a patent infringement claim, it is important that you have a legal professional investigate the patents in question and monitor patent portfolios. With the proper documentation...
The Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") recently issued the opinion Eden Place LLC v. Perl (In re Perl), Case No. 13-26126-NB (9th Cir. BAP June 5, 2014), which held that debtors' filing for bankruptcy voids his eviction from the home he still...
The Ninth Circuit recently issued the opinion, America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 12-60052 (9th Cir. April 16, 2014), which held that in spite of the Ninth Circuit's holding in Sternberg v. Johnson, a debtor is not precluded...
A number of relief options are available for businesses with heavy debts. Depending on your financial situation and how your business is structured, there may be out-of-court solutions such as a negotiated settlement with creditors or debt restructuring. In other...
The Ninth Circuit Court of Appeals recently issued the opinion, Shapiro v. Henson, which held that a party has a statutory duty to turn over property that it had possession, custody or control of at any time during the bankruptcy case. Prior to filing a voluntary...
When drafting an express easement to be recorded, it is important to explicitly provide for the scope, use and purpose of such easement. The easement language should be clear and unambiguous so as to avoid potential misinterpretation and disputes. In the recent...
Planning, forming and growing a new business can be immensely satisfying. From the legal structuring process to the eventual expansion of operations, the excitement of new opportunities is often what drives success. Of course, sometimes healthy growth involves merging...
