USA September 16 2026 On July 27, 2026, the United States Bankruptcy Court for the Southern District of New York delivered another cautionary ruling to the merchant cash advance industry. In In re Kossoff PLLC,1 Judge David S. Jones, the same judge who decided J.P.R. Mechanical2 just over a year earlier, declared that 19 MCA […]
August 10 2026 Bringing a claim for enforcement Limitation periods What is the limitation period for enforcement of a foreign judgment? When does it commence to run? In what circumstances would the enforcing court consider the statute of limitations of the foreign jurisdiction? Limitation periods vary between states. States that follow the 2005 Uniform Foreign-Country […]
USA August 3 2026 The Supreme Court (Court) recently issued an opinion reversing a ruling by the Fifth Circuit Court of Appeals (Fifth Circuit) concerning application of the doctrine of judicial estoppel in bankruptcy cases.1 Although the underlying dispute arose in a Chapter 13 case, the opinion presents implications for bankruptcy cases under all chapters, […]
Jeffer Mangels Butler & Mitchell LLP February 13 2026 A new court decision confirms that receivers cannot be sued for decisions made in the exercise of their judgment, even if those decisions later prove to be wrong. In Semaan v. Mosier, G064385, (Cal. Ct. App. Feb. 5, 2026), a California case of first impression, the […]
USA July 24 2025 In EpicentRx, Inc. v. Superior Court, Case No. S282521, 2025 WL 2027272 (Cal. July 21, 2025), the California Supreme Court held that forum selection clauses may be enforced against California plaintiffs even when the selected forum — such as the oft-selected Delaware Court of Chancery — would not afford plaintiffs a […]
Troutman Pepper Locke USA July 10 2025 Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code (UCC), the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the consigned good. A consignor who properly perfects its security interest […]
Click here to listen to the audio On September 24, 2023, Governor Gavin Newsom signed SB-1286 which expands California’s Rosenthal Fair Debt Collection Practices Act (California FDCPA) to apply to certain commercial financial products. Lenders, servicers, and those collecting on their behalf – including attorneys – should pay careful attention to the requirements of the […]
An assignment for the benefit of creditors (ABC) is a process by which a financially distressed company (referred to as the assignor) transfers its assets to a third-party fiduciary (referred to as the assignee). The assignee is responsible for liquidating those assets and distributing the proceeds to the assignor’s creditors, pursuant to the priorities established […]
June 28 2024 On June 28, 2024, the Supreme Court of the United States jettisoned the Chevron doctrine, overruling a 40-year-old case that had long served as the foundation for American administrative law. In the consolidated opinion in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court declared […]
June 28 2024 On June 27, 2024, the Supreme Court issued its opinion in Harrington v. Purdue Pharma L.P., 603 U.S. ____ (2024) holding that the Bankruptcy Code does not allow for the inclusion of non-consensual third-party releases in chapter 11 plans. This decision settles a long-standing circuit split on the propriety of such releases […]