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Patton Sullivan Brodehl LLP

LLC Manager’s Conduct Benefits Her Side Entity at the Expense of the LLC — Are the Claims Against Her Direct or Derivative?

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The distinction between direct and derivative claims is a recurring theme on The LLC Jungle. In a nutshell, under California law, an LLC (just like a corporation) is treated as a legal entity separate and distinct from...more

Perkins Coie

CEQA Challenges to EIR’s Biological and Emergency Evacuation Analyses Rejected

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Introduction: Defining Interprofessional Consultation In a January 5, 2023, letter to state health officials, the Centers for Medicare & Medicaid Services (“CMS”) clarified a Medicaid and Children’s Health Insurance Program...more

Patton Sullivan Brodehl LLP

Substandard Apartment Building Receiverships — Who Is On The Hook For Attorney Fees?

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Under California’s State Housing Law (Health and Safety Code sections 17910-17998.3), if an apartment building owner fails to comply with a notice to repair or abate building standard violations issued by an enforcement...more

Foster Garvey PC

OTA & Travel Distribution Update - Airbnb announces first outside board member; California litigation against Airbnb not over yet;...

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This week’s OTA & Travel Distribution Update is below and features a number of stories on Airbnb and its many recent announcements. There seems to be no end to the news coming out of Airbnb these days as it prepares for an...more

Jones Day

Ninth Circuit Reverses Course on Measure of Collateral Value in Cramdown Confirmation of Chapter 11 Plan

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In First Southern Nat’l Bank v. Sunnyslope Hous. LP (In re Sunnyslope Hous. LP), 2017 BL 216965 (9th Cir. June 23, 2017), the U.S. Court of Appeals for the Ninth Circuit held en banc that, in determining whether a chapter 11...more

Holland & Knight LLP

West Coast Real Estate Update: February 2017 #2

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Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Holland & Knight LLP

West Coast Real Estate Update: October 2016 #1

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California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s petition...more

Troutman Pepper

Texas Court of Appeals Holds that Economic Loss Doctrine Does Not Bar Building Owner’s Negligence Claims Against Geotechnical...

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USA Walnut Creek, DST v. Terracon Consultants, Inc. f/k/a HBC Engineering, Inc., 2015 Tex. App. LEXIS 1806 (Tex. App. 2015) - This cases arises out of the construction of a twelve building apartment complex in Austin...more

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