Civil Procedure, Business Organization, Election & Politics Law

Nevada Legislature Considers Bill To Authorize Forum Selection Charter Provisions

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/4/2013

Late last month, the Nevada Committee on Judiciary introduced a bill that would, among numerous other things, authorize forum selection provisions in corporate and other Nevada entity charters. If SB 441 is enacted, a...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/13/2013

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

Why Politicians Should Read The Corporations Code (Or At Least This Blog)

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/12/2012

Last September, I wrote about California’s unincorporated associations law. In ”Thinking About Joining A Club? You May Want To Consider These Corporations Code Provisions First“, I noted that Title 3 of the California...more

NLRB's Efforts To Advance Ambush Election Rules Rebuffed, Again

by Proskauer - Labor Relations on 7/30/2012

If only everyone had just showed up and voted we wouldn't be in this mess. As previously reported, the NLRB's attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled...more

SCOTUS Refuses to Backtrack on Controversial Citizens United Decision By Thomas J. Spulak and Claudia A. Hrvatin

by King & Spalding on 7/12/2012

In a much anticipated ruling, the Supreme Court of the United States reversed a Montana Supreme Court ruling that said that a 100-year old law barring corporate independent expenditures in the state was justified by the...more

Ex Parte Communications And SEC Rulemaking

by Allen Matkins Leck Gamble Mallory & Natsis... on 6/19/2012

In this recent post, I discussed a petition submitted by Professor Lucian Bebchuk and nine other academics asking that the Securities and Exchange Commission adopt rules requiring public companies to disclose to shareholders...more

Federal Court Rejects Shareholder “Say-on-Pay” Suit

by Dechert LLP on 3/15/2012

The U.S. District Court for the Northern District of California on March 7, 2012 dismissed a derivative suit brought by shareholders of Intersil Corporation for breach of fiduciary duty premised on shareholders’ disapproval...more

There’s Something About Section 800 And ISS Adds Panelist

by Allen Matkins Leck Gamble Mallory & Natsis... on 1/24/2012

California Corporations Code Section 800 governs derivative lawsuits. Yesterday, I wrote about the fact that the California legislature has made Section 800 expressly applicable to foreign corporations (as defined in Section...more

Obama Administration States that Corporations are Proper Defendants in Alien Tort Cases

by Foley Hoag LLP - Corporate Social... on 12/29/2011

The Obama Administration has filed an amicus brief with the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum in support of the plaintiffs' position that corporations are proper defendants in cases involving claims under...more

A Chapter 11 Diaspora? House Judiciary Committee Considers Chapter 11 Venue Reform

by Sheppard Mullin Richter & Hampton LLP on 10/12/2011

The House Judiciary Committee recently held a hearing to consider an amendment to the venue provisions of the Bankruptcy Code proposed by the Committee’s Chairman that would require corporations to file voluntary chapter 11...more

Arizona Will Audit Certain Organizations

by Snell & Wilmer L.L.P. on 9/22/2011

Last week, the Arizona Secretary of State’s office announced that it will begin auditing statewide and legislative “independent expenditure committees,” that engage in political activism without registering as political...more

Damages for negligent misstatement - McKie v Swindon College

by PHILIP HENSON on 5/2/2011

HR practitioners and lawyers will be familiar with the UK case of Spring v Guardian Assurance [1995] 2 AC 296, that an employee may make such a claim following a reference negligently prepared by an employer. Regular readers...more

Reflections on the Current State of “Attributional Nexus”: When May a State Use the Presence of an In-State Entity to Claim...

by Morrison & Foerster LLP on 10/14/2009

The downturn in the national economy has triggered a budgetary crisis for many state governments. Undoubtedly, legislatures will seek increased revenues as part of the solution to the budgetary shortfalls. One politically...more