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Can Bankruptcy Protect a Debtor from Criminal Prosecution?

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Bankruptcy can provide relief to a debtor by discharging debts and providing a fresh financial start. However, bankruptcy does not provide protection from criminal prosecution. If, for example, the filer is a publicly traded company and the filer stole money from the company, there may be criminal implications because public companies have shareholders. Bankruptcy laws …Read more

Federal Trade Commission’s Proposed Nationwide Ban on Non-Compete Agreements Will Change the Legal Landscape:  Is Your Business Ready?

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On January 5, 2023, the Federal Trade Commission proposed a nationwide ban on most employment non-compete agreements.  Less than a month later, on February 1, a bipartisan group of U.S. Senators reintroduced the “Workforce Mobility Act of 2023,” which would ban the use and enforcement of post-employment non-compete agreements across the country. As efforts to …Read more

Can I Open a Similar Business After Liquidating My Former Business in a Chapter 7 Bankruptcy?

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You may open a similar business after filing Chapter 7 bankruptcy. Generally, someone cannot keep someone from operating a business and otherwise making a living. However, if you operate out of the same address at the same phone number, you may run the risk of creditors seeking further legal action against you. In addition, the …Read more

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

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Ninth Circuit Court of Appeals Eliminates Obstacles to Enforce Employment Arbitration Agreements in California Under the Federal Arbitration Act. After nearly three years of legal challenges, the 9th Circuit Court of Appeals, in Chamber of Commerce v. Bonta affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) because it is preempted …Read more