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Brazilian Noteholder Sues Brazilian Guarantor – What Does New York Law Have To Do With It?

At the opening of the Los Angeles aqueduct on November 5, 1913, William Mulholland famously declared “There it is. Take it!” Much the same could be said of Civil Code Section 1646.5. The statute provides that the parties to a...more

2/21/2013 - Choice-of-Law

Here’s One More Thing You Can Do Legally In Nevada But Not In California

Suppose you are a real estate developer with two buildings and you anticipate that investors in each building will have different investment objectives. If the buildings are placed in a single limited liability company, each...more

2/6/2013 - Choice-of-Law Foriegn LLCs LLC Real Estate Investments RULLCA Series LLC

Forum Selection Bylaws And The California Constitution

Last December, I briefly discussed whether a forum selection bylaw with respect to officers and directors would pass muster as a contractual choice of law. See A Forum Selection Clause Issue That You May Not Have Heard About...more

1/15/2013 - Bylaws Choice-of-Law Directors Forum Selection Clause Officers Waivers

Is FDIC v. Van Dellem California’s Smith v. Van Gorkom?

Last Friday, the jury in FDIC v. Van Dellem (C.D. Cal. Case No. CV 10-4915 DSF (SHx)) returned a verdict totalling nearly $169 million against three former officers of the home builder division of IndyMac Bank, F.S.B. The...more

12/11/2012 - Business Judgment Rule Choice-of-Law

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