Promises to keep—lender beware: California Supreme Court expands parol evidence fraud exception *

USA - February 20 2013
In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass'n v. Pendergrass prohibited a borrower from introducing…

Co-authors: Karen B. Dine, Brooks T. Giles.

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Ninth Circuit prohibits bankruptcy courts from entering judgments on fraudulent conveyance claims against non-claimants *

USA - December 13 2012
The Ninth Circuit recently held that: (1) bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and (2) a defendant can waive such an argument by not asserting the applicability of Stern v. Marshall at the trial level.

Co-authors: Karen B. Dine, Bertrand J. Choe, Kevin M. Baum.

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California’s AB 506 process: what creditors can expect in the wake of California municipal bankruptcies *

USA - September 18 2012
California’s AB 506 process was intended to help a municipality in restructuring its debt obligations and avoid bankruptcy.

Co-authors: Jennifer K. Brooks, Karen B. Dine.

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When the board faces bankruptcy *

USA - September 14 2012
A corporate board that fails to take appropriate actions while the company moves toward the zone of insolvency and potential bankruptcy risks making harmful decisions that could impact recoveries to shareholders and creditors, and possibly expose the board to potential claims

Co-authors: Karen B. Dine.

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Trademark licensee’s rights survive rejection of license in bankruptcy in <i>Sunbeam</i> decision *

USA - July 17 2012
In reaction to a decision by the U.S. Court of Appeals for the Fourth Circuit, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), in which the court held that a licensee of patents, copyrights and trademarks loses its rights if the trustee or debtor in possession rejects a license under the Bankruptcy Code under which the debtor was the licensor, Congress enacted section 365(n) of the Bankruptcy Code (11 U.S.C. § 365(n)).

Co-authors: Kenneth E. Noble, Jeff J. Friedman, Karen Artz Ash, John P. Sieger.

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