When you're starting a business, the decisions you make early in the process are extremely important because your choices now will have effects throughout the life of the company. You'll have to decide how the business will be structured, and the type of entity you...
Month: December 2014
Steps a trustee can take to protect a bankrupt estate from fraud
If you are a bankruptcy trustee, then you have a fiduciary duty to creditors and debtors. That being the case, a mistake at any point in the process could expose you and the bankruptcy estate to liability. Because bankruptcy law and procedure are very complex, it is...
NINTH CIRCUIT EMBRACES THE PURE DOMINION TEST FOR INITIAL TRANSFEREE STATUS UNDER 11 U.S.C § 550
In Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 2014 U.S. App. LEXIS 22981 (9th Cir. Haw. Dec. 5, 2014), the Ninth Circuit explicitly rejected the control test's flexible, equitable approach and embraced the pure "dominion test" adopted in Universal Serv....
Have M&A data hacks been done to facilitate insider trades?
Mergers and acquisitions can do a lot for a company's bottom line. As we have noted in past blogs, where the facts indicate two businesses working together can perform better and the value of each can be increased, combining forces may make sense.However, such deals...
California employment law bill would require double pay on holidays
We recently discussed a number of changes in California employment law that will take effect in 2015. One of the major changes requires employers to provide paid sick leave to qualifying employees. On the heels of that legislation comes another proposal that would...
Shulman Bastian Friedman & Bui LLP: Representing creditors and committees
Bankruptcy and other insolvency-related matters can be extremely complex, especially if there are many parties involved. Whether you're a creditor, debtor or trustee, a single slip-up could expose you to costly liability, and it is crucial that you have experienced...
Protecting intellectual property: The university connection
If you're an entrepreneur in California, then you're undoubtedly aware of the abundance of potentially profitable technology being developed throughout the state. Much of the research that leads to ground-breaking technology happens at universities, and many tech...
New employment law requirements for CA businesses take effect in 2015
Starting in 2015, employers in California will have to comply with a number of new laws. One of the major changes comes in the Healthy Workplaces, Healthy Families Act of 2014. The law requires that employers give qualifying employees paid sick leave.To qualify for...