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...
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 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...
In Lawson v. ZB, N.A., 18 Cal. App. 5th 705 (2017), Plaintiff asserted various wage and hour claims and a California Private Attorneys General Act ("PAGA") claim against Defendant employer seeking penalties and underpaid wages pursuant to Cal. Labor Code § 558....
On December 22, 2016, the California Supreme Court addressed , in Augustus v. ABM Security Services, Inc., 2016 WL 7407328 (Cal. Dec. 22, 2016), whether California law requires employers to provide employees off-duty rest periods, and whether such requirement permits...
Owning and managing a business in California can be very challenging given the pro employee legal climate. In order to avoid liability you must stay on top of new laws effecting your rights as an employer. Effective April 1, 2016, employers are required to comply with...
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...
