WASHINGTON, DC – DECEMBER 08: CEO of FTX Sam Bankman-Fried testifies during a hearing before the … [+] House Financial Services Committee. (Photo by Alex Wong/Getty Images)Getty Images Cryptocurrency company FTX and its young founder, Samuel Bankman-Fried (“Sam”), once were valued at nearly $30 billion. The company was a hub for all things crypto, performing More
This case was heard in Atlanta. getty Plaintiff, Richard McLeod, obtained a default judgment for $62,640 in the U.S. District Court for the Middle District of Georgia against defendants Robert Bruce, Mark Nichols and Clint Nichols. Seeking to be paid on his judgment, McLeod send garnishment summons to three banks for any accounts held by… More
The Grinch balloon at Macys Thanksgiving Day Parade in New York, Nov. 23, 2017. (Photo: Gordon … [+] Donovan) getty I’ll start this article with a digression which has utterly nothing to do with the topic of today’s discussion, which is that as an amateur military history I have always wanted to visit Malta. Not… More
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 Law Is Seriously Messed Up When It Comes To Charging Orders getty Exela Technologies, Inc., is a business automation company which has numerous subsidiaries. Some of these subsidiaries in multiple layers. One of these subsidiaries, SourceHOV Holdings, Inc. XELA , (“Holdings”) was involved in a merger of other Exela subsidiaries, in which the surviving… 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
