Your Chapter 11 bankruptcy plan is the roadmap for your company’s reorganization. It’s the document that determines which creditors get paid, how much they receive, when they receive it, and what your company looks like when it emerges from bankruptcy. For business owners, understanding how to develop, propose, and confirm a viable plan is essential […]
Refunds for Tariffs: How Importers Can Seek Refunds from the U.S. Government for Tariffs Unlawfully Assessed Under the International Emergency Economic Powers Act
Key Takeaways Importers seeking refunds for tariffs, imposts and duties unlawfully assessed under the International Emergency Economic Powers Act (“IEEPA”) typically sue under 28 U.S.C. § 1581(i), which grants the U.S. Court of International Trade (“CIT”) exclusive jurisdiction over such matters. On February 20, 2026, the U.S. Supreme Court ruled in Learning Resources, Inc. v. Trump that IEEPA does […]
The Right Time to File Bankruptcy: Recognizing the Tipping Point
Filing for bankruptcy at the right time can save your company. Filing too late can destroy it. The timing of a bankruptcy is one of the most important decisions a business owner will make. Filing too early can generate unnecessary cost and disruption, while filing too late can erode asset value, increase creditor pressure, and […]
Licensing Trade Secrets: When, Why, and How
For many small and mid-sized technology companies trade secrets provide a true engine for growth. Proprietary processes, software logic, formulas, internal systems, and business methods are valuable assets, and often determine whether your company can compete, scale and attract strategic partners as you grow. Licensing trade secrets can be an effective way to generate new […]
Strategic Deal Structuring in California M&A Transactions
In the first blog in our series on Mergers and Acquisitions (“M&A”) in California we introduced the different types of M&A transaction structures – asset purchases, stock purchases and mergers – and the basic characteristics of each. In this second blog we focus on the business rationale behind choosing one type of transaction over another. […]
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