Latest Posts › Statutory Interpretation

Share:

A New Fine Question – What Date Should Be Placed On A Stock Certificate?

One fine morning in the middle of the Precession of the Equinoxes, a reader asked me a new fine question that he had never asked before. He asked, “What date should be placed on a stock certificate?”...more

11/5/2014 - Statutory Interpretation Stocks

Is LLC Veil Piercing Really “Not Required By Statute”?

Professor Stephen Bainbridge begins his abstract Abolishing LLC Veil Piercing with the following assertion: Courts are now routinely applying the corporate law doctrine of veil piercing to limited liability companies. ...more

1/10/2014 - Corporate Veil LLC Statutory Interpretation

This Picture Is Worth 471 Words (More or Less)

Monday is the big day for the SEC’s “Bad Actor” and “General Solicitation” rule amendments. I’ve previously observed that many are likely to find the Bad Actor amendments to be bad rules when it comes to compliance. ...more

9/20/2013 - Bad Actors General Solicitation Rule 144A SEC Statutory Interpretation

Another Federal Judge Spurns Application Of The Business Judgment Rule To Officers

Last week, I covered the choice of law issue in FDIC v. Faigin, 2013 U.S. Dist. LEXIS 94899 (C.D. Cal. July 8, 2013) and promised more, When The Parent Is A Blue Hen And The Subsidiary Is A 49er, What Law Governs?...more

7/22/2013 - Business Judgment Rule Federal Rule 12(b)(6) Officers Statutory Interpretation

60 Acres And A Lawsuit Challenging The FTB’s Interpretation of “Doing Business”

Swart Enterprises, Inc. is an Iowa corporation. It operates a farm of some 60 acres of crop land in Kansas. Swart has no physical presence in California. It owns no real or personal property in California. It has no...more

7/19/2013 - Business Taxes Farms Franchise Taxes Heavy Equipment Nexus Statutory Interpretation

Court Rejects SEC’s Interpretation That All Exchange Act Reports Are Public

SEC Misreads The Dodd-Frank Act - Commenting on the SEC’s short-lived resource extraction rule, Professor Stephen Bainbridge recently posted: Can’t anybody at the SEC do basic cost benefit analysis? I hesitate to...more

7/8/2013 - Administrative Procedure Act Chevron v NRDC Dodd-Frank Public Disclosure Resource Extraction SEC Statutory Interpretation

Court Holds California Statute Does Not Bar Insurance for Defense Of Criminal Actions Filed By Federal Prosecutors

California Insurance Code Section 553.5(b) prohibits insurers from providing a defense for certain types of claims, including criminal claims. Does statute preclude a defense for all criminal claims or just some? In Mt....more

6/4/2013 - Consent Criminal Sanctions Federal Prosecutors Indemnification Statutory Interpretation

Diathesis And The California Courts

Yesterday’s post discussed how the meaning of “must” in Nevada Revised Statutes can depend upon whether a verb is in the passive voice. Here in California, I’ve made frequent sightings of discussions of the passive voice in...more

3/26/2013 - Statutory Interpretation

Giving Voice To Statutes – If You Don’t Understand Diathesis, You May Not Understand The Statute

Although rules of grammar may be a distant memory for many lawyers, the rules of grammar can be important to statutory construction....more

3/25/2013 - Statutory Interpretation

9 Results
|
View per page
Page: of 1