jayadkissonblog

A charging order is by statute the exclusive remedy for a judgment creditor seeking to collect … [+] against a debtor’s interest in an LLC. getty As I have written on many occasions, it is often procedurally difficult for our courts to enter charging orders because they have so little statutory guidance. The so-called Harmonized… More

UPEPA does not allow for a weighing of evidence, but an examination to determine whether it exists … [+] at all. getty This is my seventh installment of a series of articles that will explore the Uniform Public Expression Protection Act, or “UPEPA”. I must again give the caveat that while I served as an… More

LLC. getty At least once a month, I get a call from somebody with the question, “How much of a membership interest do I have to give to a second member so that an LLC is no longer considered to be a single-member LLC (SMLLC) and charging order protection arises?” The limited case law, embodied… More

Typical mold damage getty Knowing that their Brentwood, California, home suffered extensively from mold and structural damage caused by water, Tracy Westen and Linda Lawson sold it anyway without informing the buyer, Nicole Nagel. In the subsequent arbitration Nagel was warded $4.5 in damages and attorney’s fees. When the arbitration was not looking good for… More

DOJ getty On December 16, 2020, the U.S. Department of Justice filed a criminal information against two Atlanta accountants, Stein Agee and Corey Agee, for their role in selling a type of tax shelter known as a syndicated conservation easement (called a “SCE”). A few days later, the two plead guilty as the Department of Justice… More

Law getty The Uniform Law Commission has created a drafting committee to consider changes to the laws of so-called “unincorporated organizations”, which includes primarily the Uniform Limited Liability Company Act (ULLCA) but also includes the Uniform Limited Partnership Act (ULPA). The drafting committee, which will be chaired by DLA Piper lawyer Lisa Jacobs, is not… More

What would be a $2 million home in Mountain View, California getty On September 15, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1885 (AB1885) which increases the creditor homestead exemption for personal residences in the Golden State. The new homestead will have a baseline of $300,000 but can be as high as… More

Arbitration Loop Cycle Process Endless Trap 3d Illustration getty The U.S. Court of Appeals for the 9th Circuit ruled on September 9, 2020, that a group of plaintiffs who had failed risk-pooled 831(b) captive insurance companies (a/k/a microcaptives) could not maintain a class action arbitration against their captive manager, Artex Risk Solutions, Inc., and associated… More

Arsenal’s Acquisition Of Jade Risk Really Didn’t Work Out (Photo by Joel ROBINE / AFP) (Photo by … [+] JOEL ROBINE/AFP via Getty Images) AFP via Getty Images The opinion of the Hon. Andrew L. Brasher sitting in the U.S. District Court for the Middle District of Alabama in Jarvis v. TaylorChander, LLC, 2020 WL… More