A Bank Does Not Owe A Duty Of Care To Non-Customers
Recent Federal Case Reaffirms California Law Holding that Absent Extraordinary and Specific Facts, a Bank Does Not Owe a Duty of Care to Non-Customers California law has long […]
Coming Soon to California: Consumer-Like Disclosures to Certain Commercial Extensions of Credit
On September 30, 2018, California Governor Jerry Brown signed into law Senate Bill 1235 (SB 1235). SB 1235, which overwhelmingly passed the State Legislature and Senate on August […]
LIBOR Replacement (SOFR…. so far …) and what about those zombies?
It is well known that LIBOR is going away in 2021. Much has been said and written about this fact, and the reasons for its demise, since the […]
Dynamex and the Erosion of Independent Contractor Classifications
Earlier this year, the California Supreme Court issued a unanimous ruling regarding the test to be used in determining whether a worker is an “employee” or an “independent […]
New Wave of Fintech Firms Revive Investment and Public Interest In Online Lending
Fintech (FINancial TECHnology), the moniker for startups that aim to provide financial services by making use of modern technology, is big business. There are now close to thirty […]
Supreme Court Determines That Debtor’s Oral Statement About a Single Asset Constitutes a “Statement Respecting the Debtor’s Financial Condition” Such that the Debt is Not Non-dischargeable Under Bankruptcy Code Section 523(a)(2)(A)
By: Brian L. Bloom & Gerrick Warrington Discharged debts detrimentally drain the national economy. A bankruptcy discharge allows the debtor to be relieved from paying off his or […]
Banker Beware: The Ninth Circuit Says It’s Your Fault If You Don’t Know Who Pays You
1. Facts Freddie Fraudster[1] wholly owns and operates Loser LLC, an operating business with significant cash flow. Unbeknownst to anyone, over the span of several years Freddie diverts […]
Ninth Circuit Expands Paca Exposure For Factors
The U.S. Court of Appeals for the Ninth Circuit sharply expanded the scope of liability for factors dealing with fresh produce distributors. In doing so, the Ninth Circuit […]
Implications of the Changes to the LIBOR Rate on the Existing Loan Market
Following the financial crisis of 2007 and 2008 significant reforms were called for in the London Interbank Offered Rate (ICE LIBOR or “LIBOR”). These reforms were spurred by […]