Allen Matkins

Want To File A Derivative Suit? You May Soon Be Required To Read Statutes

I have been writing recently about SB 203, a bill that is now pending in the Nevada legislature. As introduced, the bill would, among other things, require the following..…more
| Business Organizations, Civil Procedure, Securities Law

Nevada Legislature Ponders Rejection Of Unocal And Revlon Standards

Thirty years ago, the Delaware Supreme Court issued two seminal opinions concerning how courts ought to review director decisionmaking in merger and acquisition transactions. In the first case, Unocal Corporation v. Mesa…more
| Business Organizations, Civil Procedure, Mergers & Acquisitions, Securities Law

Even In Nevada, “Get It Writing” May Not Be Far From The Mark

A recent ruling by U.S. District Court Magistrate George Foley, Jr. serves as a reminder the “get it in writing” tends to be good advice. The case involves a casino’s attempt to enforce a $3 million gaming debt incurred by one…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts

Court Finds Lawsuit By Corporation Against Minority Shareholder Is “Protected Activity”

SLAPP is the initialization of the phrase “strategic lawsuit against public participation”. A more informative description of SLAPP suits is found in Simpson Strong-Tie Co., Inc. v. Gore, 49 Cal.4th 12, 21 (2010)..…more
| Business Organizations, Civil Procedure, Securities Law

Renewable Energy Update - March 2017 #3

Renewable Energy Focus - Can California go 100 percent green? - Scientific American - Mar 13 - Environmentalists are cheering California Senate President Pro Tempore Kevin de León's (D) plan to double, and…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

Nevada Legislature Mulls Codification Of The Internal Affairs Doctrine

Delaware and Nevada are each in the business of marketing their corporate laws to businesses in other states. Thus, it should surprise no one that these states don’t appreciate it when their legal offerings are undermined by…more
| Business Organizations, Conflict of Laws, Securities Law

California Environmental Law & Policy Update - March 2017 #3

Environmental and Policy Focus - Trump’s budget proposal slashes EPA funding - Washington Post - Mar 16 - President Trump on Thursday released his budget plan for the next fiscal year, which proposes cutting the…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

How The Proposed Fix To Delaware’s Stockholder Consent Statute Can Be Fixed

Earlier this week, I wrote about a proposed amendment to Section 228 of the Delaware General Corporation Law. The amendment, which is proposed by The Corporate Council of the Corporation Law Section of the Delaware State Bar,…more
| Business Organizations, Securities Law

Sustainable Development Update - March 2017 #3

Sustainable Development Focus - When it rains, Los Angeles sends billions of gallons of 'free liquid gold' down the drain - Los Angeles Times - Mar 8 - As the Los Angeles region strives to cut its historic…more
| Energy & Utilities, Environmental Law, Real Estate - Commercial, Real Estate - Residential

Consumer Loan, Commercial Loan or Neither?

The California Finance Lenders Law imposes a licensing requirement on persons engaged in the business of a finance lender. Cal. Fin. Code § 22100(a). Chapter 2 of the CFLL imposes a host of requirements on “consumer loans” and…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking

Sustainable Development Update - March 2017 #2

Sustainable Development Focus - Microsoft tests deep-sea data centers for energy-efficient cooling, security - Construction Dive - Mar 1 - Microsoft researchers have developed undersea data centers that cool…more
| Agriculture, Energy & Utilities, Environmental Law, Science, Computers, & Technology

After 25 Years, Delaware Begins To See The Light

A quarter century ago, I wrote a brief piece criticizing how Delaware handled stockholder action by written consent..…more
| Business Organizations, Securities Law

Renewable Energy Update - March 2017 #2

Renewable Energy Focus - U.S. solar market has record-breaking year - Greentech Media - Mar 9 - The U.S. solar market had its biggest year ever in 2016, nearly doubling its previous record and adding more…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

“And” Or “Or” – This Ninth Circuit Opinion Highlights The Difference

“And” and “or” are classified as conjunctions. They are classified as such because they yoke together words, phrases, clauses and sometimes even sentences. They are not interchangeable, however, as illustrated by the recent…more
| Civil Procedure, Labor & Employment Law

California Environmental Law & Policy Update - March 2017 #2

Environmental and Policy Focus - Southern California regulators approve smog plan with tougher refinery rules, voluntary measures for goods movement facilities - Los Angeles Times - Mar 3 - The South Coast…more
| Elections & Politics, Environmental Law, Transportation
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