27 Cited authorities

Begier v. Internal Revenue Service
496 U.S. 53 (1990) Cited 813 times 7 Legal Analyses
Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code
Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)
736 F.3d 213 (2d Cir. 2013) Cited 257 times
Holding that partnership's status as a registered California entity did not alter conclusion that New York law should apply to fraudulent transfer claims
Matter of Cooperman
83 N.Y.2d 465 (N.Y. 1994) Cited 206 times
Holding non-refundable retainers prohibited by Code of Professional Responsibility, applying provisions materially the same as Arizona's
Eden Place, LLC v. Perl
811 F.3d 1120 (9th Cir. 2016) Cited 79 times 1 Legal Analyses
Holding that the debtor had no remaining legal interest in the property when the property was purchased at a pre-petition foreclosure sale and the deed recorded within fifteen days of the sale.
Glendale Associates, Ltd. v. N.L.R.B
347 F.3d 1145 (9th Cir. 2003) Cited 52 times
Explaining that employers' property rights must be respected, but employers need not be accorded greater property rights than they actually possess
Jewel v. Boxer
156 Cal.App.3d 171 (Cal. Ct. App. 1984) Cited 86 times 4 Legal Analyses
Holding income generated through the winding up of unfinished cases is allocated to the former partners and the right of the client to select an attorney of one's choice is irrelevant to the rights and duties between the parties
N.L.R.B. v. Calkins
187 F.3d 1080 (9th Cir. 1999) Cited 52 times 2 Legal Analyses
Recognizing that Nevada law does not extend special protection to free speech interests at the expense of a private store owner's property interest
Howard v. Babcock
6 Cal.4th 409 (Cal. 1993) Cited 59 times
Recognizing commercial concerns of law practice
Rappaport v. Gelfand
197 Cal.App.4th 1213 (Cal. Ct. App. 2011) Cited 21 times
No. B213618. 2011-08-8 Jerry RAPPAPORT, Plaintiff and Respondent, v. Marvin GELFAND et al., Defendants and Appellants. Gelfand & Glaser, Los Angeles, Marvin Gelfand, Steven H. Glaser; Rosen–Saba, Beverly Hills, and James Rosen for Defendants and Appellants. Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, Los Angeles, Mark T. Drooks, Thomas R. Freeman, Michelle C. Tam for Plaintiff and Respondent. CROSKEY Gelfand & Glaser, Los Angeles, Marvin Gelfand, Steven H. Glaser; Rosen–Saba, Beverly
Rosenfeld, Meyer Susman v. Cohen
191 Cal.App.3d 1035 (Cal. Ct. App. 1987) Cited 43 times
Holding former partners had failed to meet "the burden of establishing that data, and upon their failure to do so, a computation may be made on the basis of gross receipts"
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,367 times 73 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 548 - Fraudulent transfers and obligations
11 U.S.C. § 548 Cited 6,501 times 81 Legal Analyses
Seeking to avoid constructively fraudulent transfers
Section 16404 - Fiduciary duties of partner
Cal. Corp. Code § 16404 Cited 143 times 1 Legal Analyses
Providing "fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subdivisions (b) and (c)"
Section 16100 - Short title
Cal. Corp. Code § 16100 Cited 58 times 1 Legal Analyses
This chapter may be cited as the Uniform Partnership Act of 1994. Ca. Corp. Code § 16100 Added by Stats. 1996, Ch. 1003, Sec. 2. Effective January 1, 1997.
Section 16401 - Account; profits and losses; reimbursement; remuneration
Cal. Corp. Code § 16401 Cited 46 times 2 Legal Analyses
(a) Each partner is deemed to have an account that is subject to both of the following: (1) Credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partner's share of the partnership profits. (2) Subject to Sections 16306 and 16957, charged with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, distributed by the partnership to the
Section 16111 - Applicability
Cal. Corp. Code § 16111 Cited 19 times 1 Legal Analyses
(a) Except as provided in Section 16955.5, before January 1, 1999, this chapter governs only a partnership formed (1) on or after the effective date of this chapter, unless that partnership is continuing the business of a dissolved partnership under Section 15041, or (2) before the effective date of this chapter if that partnership elects, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by this chapter. (b) On and after January
Rule 8.1115 - Citation of opinions
Cal. R. 8.1115 Cited 73,834 times
(a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary
Rule 8.548 - Decision on request of a court of another jurisdiction
Cal. R. 8.548 Cited 209 times
(a)Request for decision On request of the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California law if: (1) The decision could determine the outcome of a matter pending in the requesting court; and (2) There is no controlling precedent. (Subd (a) amended effective January 1, 2007.) (b)Form and contents of request The request must take the form of an order of the requesting

HELLER EHRMAN LLP v. DAVIS WRIGHT TREMAINE LLP

27 Cited authorities

Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code

Holding that partnership's status as a registered California entity did not alter conclusion that New York law should apply to fraudulent transfer claims

Holding non-refundable retainers prohibited by Code of Professional Responsibility, applying provisions materially the same as Arizona's

Holding that the debtor had no remaining legal interest in the property when the property was purchased at a pre-petition foreclosure sale and the deed recorded within fifteen days of the sale.

Explaining that employers' property rights must be respected, but employers need not be accorded greater property rights than they actually possess

Holding income generated through the winding up of unfinished cases is allocated to the former partners and the right of the client to select an attorney of one's choice is irrelevant to the rights and duties between the parties

Recognizing that Nevada law does not extend special protection to free speech interests at the expense of a private store owner's property interest

Recognizing commercial concerns of law practice

Holding former partners had failed to meet "the burden of establishing that data, and upon their failure to do so, a computation may be made on the basis of gross receipts"

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Seeking to avoid constructively fraudulent transfers

Providing "fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subdivisions (b) and (c)"