Allen Matkins Leck Gamble Mallory & Natsis LLP

This Proposed Amendment To DGCL Section 141(f) Is A Curate’s Egg

In AGR Halifax Fund, Inc. v. Fiscina, 743 A.2d 1188 (1999), the Delaware Court of Chancery was asked to decide whether a consent given by persons before they became directors could become effective if delivered to the…more

| Business Organizations, Commercial Law & Contracts

Name And Shame No More?

The last few years has seen the rise of so-called “name and shame” laws. The aims of many these laws may be laudable, but yesterday’s decision by the Court of Appeals for the District of Columbia Circuit calls their methodology…more

| Administrative Law, Constitutional Law, Energy & Utilities,...

And You Thought Dissenters’ Rights Didn’t Apply To Delaware LLCs

Delaware’s Limited Liability Company Act provides that a limited liability company agreement or an agreement of merger or consolidation or plan of merger may provide for appraisal rights. 6 Del. Code § 18-210. Does this mean…more

| Business Organizations, Commercial Law & Contracts, Mergers &...

CalPERS Proposes Conflict Of Interest Disclosure Regulation

CalPERS recently gave notice that it is proposing to adopt a new rule requiring disclosure of conflicts of interests by consultants and external managers. Under the California Administrative Procedure Act, Cal. Gov’t Code §…more

| Administrative Law, Finance & Banking

The Burdens And Standards Of Proof And Review

I expect that that most lawyers can explain the difference between the “burden of proof” and the “standard of proof”. Some lawyers might be more challenged in distinguishing between “standard of proof” and “standard of…more

| Civil Procedure

Just How Binding Are SEC Statements In An Adopting Release?

Two years ago, I coined the term ““ARR Ratio”. The ARR Ratio (Adopting Release to Rule Ratio) is calculated by dividing the total number of words in the Adopting Release by the total number of words in the actual text of the…more

| Administrative Law, Securities Law

Foreign LLCs Take Note: This Legislative Oversight May Affect You Too

Section 407 of the California Labor Code provides - Investments and the sale of stock or an interest in a business in connection with the securing of a position are illegal as against the public policy of the State and…more

| Business Organizations, Commercial Law & Contracts, Labor & Employment...

Renewable Energy Update

Renewable Energy Focus - California’s plan to replace San Onofre nuclear energy: green success or natural gas giveaway?: Green Tech Solar News - Mar 14 -- The California Public Utilities Commission’s long-range plan to…more

| Energy & Utilities, Environmental Law

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