Shulman Bastian Friedman & Bui LLP

Supreme Court Adopts Objective Standard for Contempt for Discharge Violations, Overturning Ninth Circuit Precedent By Brandon J. Iskander of Shulman Hodges & Bastian LLP on Friday, June 7, 2019. In Taggart v. Lorenzen, 587 U.S. ___ (2019), the Supreme Court has clarified the standard under which a creditor may be held in civil contempt for violating a bankruptcy discharge order. Taggart was a former co-owner of a company with two other owners. The company and other owners sue...Continue reading

Trademark Licensee’s Rights Not Rescinded Upon Debtor/Licensor’s Rejection of the License By Melissa Davis Lowe of Shulman Hodges & Bastian LLP on May 23, 2019 The Supreme Court of the United States (SCOTUS) resolved a circuit split when it recently held in Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657 (May 20, 2019) that the debtor’s rejection of Mission’s license agreement did not terminate Mission’s rights to use the debtor’s trademarks because outside of... bankruptcy, a licensor’s breach cannot revoke the licensee’s continuing rights. The SCOTUS focused on the language in Section 365(a) of the Bankruptcy Code that rejection constitutes a breach. Since breach is not defined in the Bankruptcy Code, the SCOTUS looked to the result of a licensor’s breach outside of bankruptcy, which is that a licensor’s breach cannot revoke continuing rights given to a counterparty under a contract. In other words, rejection breaches a contract but does not rescind it when breach is deemed to have occurred pre-petition. This holding is not surprising in the Ninth Circuit because in the Ninth Circuit, rejection has long been described as only a breach and not a termination of rights. Further, other subsections of Section 365 speak directly to certain types of contracts where the counterparty retains specified rights even after rejection. See, 11 U.S.C. 365(i), (n). For the full opinion, click on link https://www.shbllp.com/Mission-Product-Holdings.pdf If you have any questions about the foregoing, please contact Melissa Davis Lowe or any of the other attorneys at Shulman Hodges & Bastian LLP at 949-340-3400.

Our annual CSUF Center for Family Business Summer Mixer is coming up this Thursday, July 25 at Northgate Gonzalez Markets in La Habra! We can't wait to see our... Center family and friends, and want to express our deepest gratitude to those who have contributed to our SWAG bags and raffle items! THANK YOU: Northgate Gonzalez Markets Los Angeles Angels Shulman Hodges & Bastian LLP Hosa Orange Kiwi Manna Kadar Gaviña Gourmet Coffee HRY Personnel Services South Coast Plaza Colette's Catering & Events RSM US LLP CALI Distillery and more! If you have not yet confirmed, please email [email protected] today. Space is limited. If you would like to contribute to our raffle, or SWAG bag, let us know! See more

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Shulman Hodges & Bastian LLP Extends Lease of its Irvine Spectrum Location Irvine, Calif. (SEPTEMBER 20, 2018) Shulman Hodges & Bastian LLP is pleased to announce that it will continue to offer its full range of legal services to businesses and individuals from its offices at 100 Spectrum Center Drive in Irvine, CA. The 13,000 square foot space renewal runs through 2024 and extends an eight-year lease first signed in March of 2011. We could not be more pleased to work o...ut this lease extension with the Irvine Company, said Managing Partner, Leonard M. Shulman. Founded in 1992, Shulman Hodges & Bastian LLP is recognized as one of the most respected and knowledgeable full service business law firms in Southern California. We have built a great team here with extremely competent and hardworking attorneys, said Shulman. This space offers incredible benefits and an environment to retain and attract superior talent while attending to the needs of our clients. About Shulman Hodges & Bastian LLP: Shulman Hodges & Bastian LLP offers comprehensive legal solutions to businesses and individuals throughout the state. By assembling a talented group of diverse and highly-trained attorneys, they have expanded to help a wide array of clients in the areas of business organization, litigation, reorganization, insolvency, real estate and corporate transactions.

Happy Labor Day from everyone at Shulman Hodges & Bastian LLP!

Shulman Hodges & Bastian LLP is a proud sponsor of the 2018 National ALS Association Online Auction. The ALS Association is at the forefront of the global research effort to find treatments and a cure for ALS. We wish them success in raising top dollars on all their online auction items. If you would like to bid on any of these online auction items, please visit their website at www.alsauction.org.

Shulman Hodges & Bastian LLP is a proud Bronze Sponsor of the 2018 Economic Forecast. Featured was Leonard M. Shulman, Managing Partner.

We are excited to announce that two of our attorneys at Shulman Hodges & Bastian LLP, Rika Kido and Ryan D. O’Dea, have been selected as Rising Stars by Super Lawyers for 2018. We are very proud of their success and are honored to have them as a part of our team.