The Supreme Court of the United States (SCOTUS) resolved a circuit split when it recently held in Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657 (May 20, 2019) that the debtor's rejection of Mission's license agreement did not terminate Mission's...
Sales & Dissolutions
Uncertainty in Ninth Circuit BAP’s Application of the Mootness Doctrine to Sales of Property to Good Faith Purchasers (11 U.S.C. § 363(m))
In Perez v. Bui, No. CC-17-1102-FLKu, slip op. (B.A.P. 9th Cir. Feb. 8, 2018), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed summary judgment in favor of the Chapter 7 Trustee for actual and constructive fraudulent transfer of real property. Before...
MySpace sold to Time, Inc.
If you were surprised that MySpace was still around, you would not be alone. Many of the users that supported the popular social media site in its heyday are well beyond their teen years. (and probably Facebook users).The site that was essentially a predecessor to...
Asset sale during bankruptcy keeps retailer in business
If your business has taken on heavy debt that could easily become unmanageable, then you may have a number of debt relief options. For many businesses, Chapter 11 bankruptcy is too costly and time-consuming to make economic sense. For other companies, however, Chapter...
Article 9 of Uniform Commercial Code a cost-efficient tool for struggling businesses
Many struggling businesses need the protections offered by Chapter 11 bankruptcy, but Chapter 11 is not the right choice or even feasible for every business with heavy debt. Chapter 11 is highly procedural and costly in terms of money and time, and there may be better...
Don’t sign off on a real estate deal without good legal counsel
Whether you're considering the sale or purchase of a commercial or residential property, there is much at stake in real estate transactions. To protect your interests, it is crucial to have a real estate law attorney cover your legal bases. A lawyer can negotiate the...
Restless shareholders seek more control in California banks’ boardrooms
In February the Federal Deposit Insurance Corp., regulator of banks and insurer of deposits, reported that revenue from lending and fees was growing at a much faster rate at community banks, whose core clients are often small businesses, than for the banking industry...
When liquidating your business assets is the best option
When you make the decision to close your business, it may not be feasible to sell, merge with another company or transfer ownership. In these situations, the best option may be to liquidate all company assets. Before choosing this option, it is vital to have a well...
How can a buy-sell agreement protect California business owners?
Business owners may need to sell or dissolve their companies for any number of reasons: retirement, divorce, disability, bankruptcy, disputes with partners, or just the desire to do something different. Whatever the reason may be, you'll need to cover your legal bases...
Protecting against liabilities in commercial real estate transactions
Buyers of commercial real estate are not protected by the same consumer protection laws as buyers of residential real estate. Purchase and Sale Agreements can be drafted to include a variety of Seller representations and warranties; however many commercial real estate...