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August 2015 Archives

ESTOPPEL TO THE RESCUE: OBJECTIONS TO EXEMPTIONS ON THE BASIS OF BAD FAITH MAY SURVIVE LAW V. SIEGEL IN CALIFORNIA

On March 4, 2014, the Supreme Court of the United States struck down the Ninth Circuit's imposition of an equitable surcharge on the basis of bad faith against a debtor's exempt property in Law v. Siegel, 134 S.Ct. 1188 (2014). The Supreme Court held that the general equitable powers of Bankruptcy Code Section 105(a) did not provide authority for judge-made exemptions to explicit mandates of the Bankruptcy Code. The Supreme Court emphasized that "federal law provides no authority for bankruptcy courts to deny an exemption on a ground not specified in the Code," and that any basis for denial of a state law exemption must arise under state law. Id. at 1197-98. As a result of Law v. Siegel, a growing number of cases have held that bankruptcy courts lack the authority to disallow a debtor's claimed homestead exemption based on Section 105(a), whether indirectly by denying leave to amend, or directly by disallowing the exemption; therefore, effectively rendering an objection to claimed exemptions on the basis of bad faith a nullity.

Michael Jordan awarded $8.9 million in steak ad lawsuit

In a number of our posts, we have highlighted the importance of a company’s brand; or more importantly, how they must control how their brand (or brand name) is perceived in the marketplace. This is part of the reason why Subway recently suspended its relationship with its longtime pitchman Jared Fogle when federal agents raided his house last month; before he pled guilty to federal child pornography and teen sex charges.

Subway's struggles may have began before Jared's scandal

The news about former Subway pitchman Jared Fogle pleading guilty to federal child pornography and teen sex charges may have affected the food chain’s brand right now, but there are signs that the company was experiencing difficulties long before the bombshell dropped last week.

When a business has an insurance dispute

Unexpected events can be very tough on a business. They can expose a business to sudden, major financial losses. Such losses can have the potential to impact a business on some pretty deep levels and, in some circumstances, could even put a business' entire future in danger.

Why strategic thinking is important in business deals

Indeed, 2015 has been the year of mergers and acquisitions. While the dollar value of the transactions has made for intriguing headlines, the actual stories and thinking behind them has not. Nevertheless, the market strategy behind these moves is something that should not be ignored when considering whether to make a new purchase or to join forces with another company.

Should you let your teen run your social media campaign?

What has become pretty clear as many messages are disseminated over Twitter, Facebook and Instagram is that social media marketing can be just as important as traditional marketing methods. Since creating (and maintaining) a brand is important to the growth of a small business, driving traffic and interest is of the utmost importance.

IBM makes further inroads into the medical field

We have focused a number of our posts this year to mergers and acquisitions. We find these transactions fascinating not only because of how many of them are projected to take place between now and the end of 2015, but also because of the different business reasons behind them. We noted in a post last week that brand changing may not always take place with an acquisition, but sometimes broadening a company’s offerings may justify the purchase of another company.

Letters of Intent

Letters of Intent Basic Information and Do s and Don't s

Letters of Intent ("LOI") are commonly used in transactions so that the parties can set forth in a non-binding writing, terms that they have agreed upon to be incorporated into a "to be reached" final agreement.

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