Rechargeable hybrid vehicles are gradually becoming more visible on roads in California and throughout the country, and most of the major car manufacturers have indicated their intention of competing in the luxury hybrid market. One of the first companies to enter...
Month: July 2014
Avoiding conflict-of-law disputes with choice-of-law provisions
Business agreements between companies operating in different jurisdictions often have "choice of law" provisions that govern which jurisdiction's laws will apply to the business relationship. If a dispute arises, then a choice-of-law provision usually resolves the...
Aecom-URS merger to make largest company in LA city limits
A merger expected to close in October will make Los Angeles-based Aecom Technology Corp. the second-largest construction and engineering firm in the United States and one of the largest in the world. Aecom -- whose projects include the new World Trade Center in New...
IBM and Apple to partner in selling mobile apps to businesses
In 2005 IBM stepped away from the consumer products market to focus on business customers. The move came after years of trying to compete with Apple, which of course has dominated the consumer market with iPhones and iPads. The rivalry between the two companies dates...
The Trust Fund Doctrine – Choose Your State of Incorporation or Formation Wisely
In the excitement of starting a new business, many California small business owners give little thought to the state they choose for incorporation or the formation of a LLC. As a result, they opt for California as the logical choice. But with the majority of small...
RES JUDICATA DOES NOT PRECLUDE A CLAIM OF ALTER EGO
The California Court of Appeal recently issued a decision in Wells Fargo Bank v. Weinberg, 2014 Westlaw 2762068 (Cal. App.). There, a corporation (in this case a law firm comprised of only one attorney) needed money which it ultimately borrowed from a bank. Although...
BAP Upholds Bankruptcy Court Decision to Reject a Lease Retroactively Where Subtenant Had Not Vacated Premises
In an unpublished opinion filed on May 30, 2014 in the case of Boyle Avenue Properties v. New Meatco Provisions, LLC, et. al., the Ninth Circuit BAP upheld the Bankruptcy Court's decision and found that a lease could be rejected retroactively to the date of the filing...
DEFENSE OF PREFERENCE ACTIONS THROUGH THE CONSTRUCTIVE TRUST DOCTRINE
The District Court for the District of Nebraska recently upheld the application of a constructive trust as a means to shield payments made by a bailee-debtor from avoidance as a preferential transfer. In re Big Drive Cattle, L.L.C. v. Overcash, 2014 U.S. Dist. LEXIS...
TRI Pointe’s ‘transformative transaction’ takes firm to Top 10
A fairly recent entry into Southern California's homebuilding network has forged a deal with Weyerhaeuser Co. that increases its annual sales volume sevenfold. Builder Magazine reports that TRI Pointe Homes Inc., based in Irvine, is now one of the country's top 15...
Amazon remains at loggerheads with Hachette and now Time Warner
Anyone who has been following business news may have heard that Amazon and the publishing company Hachette have been fighting over whether to make the publishing company's books available for preorder. While Amazon is currently refusing to allow consumers to order the...