Allen Matkins Leck Gamble Mallory & Natsis LLP

There Two Ways To Create An Obligation And Six Ways To Extinguish It

The California defines an “obligation” as “a legal duty, by which a person is bound to do or not to do a certain thing.” Cal. Civ. Code § 1427. An obligation is created in one of two ways: by contract or by operation of law. …more
| Commercial Law & Contracts

Bill Would Clarify When Limited Partnership Life Begins

When does life begin for a California limited partnership?  The California Uniform Limited Partnership Act of 2008 seems to provide an inconsistent answers.  The first is found in Corporations Code Section 15902.01(a)…more
| Business Organizations, Commercial Law & Contracts

California Energy Commission Considering Changes to Ongoing AB 1103 Energy Benchmarking and Disclosure Requirements

The California Energy Commission ("CEC"), which is charged with overseeing the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103"), is considering changes to the ongoing program. If…more
| Energy & Utilities, Environmental Law, Real Estate - Commercial

California Environmental Law & Policy Update - April 2015 #4

Environmental and Policy Focus - California court rules tiered water pricing plan violates Prop 218: Allen Matkins - Apr 21: California's local water suppliers, hit with reduction requirements varying from 8 percent to 36…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

What Exactly Does The SEC Mean By “Permit”?

The Securities and Exchange Commission has proposed rule amendments to implement Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L.  No. 111-203, 124 Stat. 1900 (July 21, 2010).  Among other…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

CalPERS Board Member Contests Attorney General’s Conflicts Position

Last December, I wrote about J.J. Jelincic, a long-term CalPERS employee who was elected for a four-year term to the Board of Administration of the California Public Employees Retirement System (aka CalPERS). Following Mr…more
| Administrative Law, Business Organizations, Elections & Politics, Labor & Employment Law

Finders Bill Finds Success In Assembly Committee

In February, I wrote about the resurrection of a bill that would clarify the status of finders under the California Corporate Securities Law of 1968.  Earlier this week, the bill, AB 667 (Wagner) cleared its first policy…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

Progressively Tiered Water Rates to Promote Conservation May Violate Proposition 218

California's local water suppliers, hit with reduction requirements varying from 8% to 36% and potential penalties of up to $10,000 per day for noncompliance, are scrambling to figure out how to comply with these severe…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Net Neutrality Applies to Cell Networks

In February, the FCC enacted new rules governing network neutrality that could have a profound influence on the telecommunications industry. The FCC’s new rules will extend its current purview and will encompass cell networks in…more
| Communications & Media Law, Science, Computers, & Technology

Who Files The Most Permit Applications?

California Corporations Code Section 25113(d) requires the Commissioner of Business Oversight to prepare and publicize an annual report of the number of permits that it issues for the offer and sale of securities. The report…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law, Nonprofit Law

Renewable Energy Update - April 2014 #2

Renewable Energy Focus - Fossil fuels just lost the race against renewables: Renewable Energy World - Apr 15: The race for renewable energy has passed a turning point. The world is now adding more capacity for renewable…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, International Law & Trade

Telecoms File Lawsuit Challenging Net Neutrality Rules

The Federal Register officially published the FCC’s new rules governing net neutrality on Monday, April 13, 2015, and the new rules will take effect 60 days following the date of publication. As anticipated, AT&T and the…more
| Civil Procedure, Communications & Media Law, Science, Computers, & Technology

State Water Board Releases Proposed Emergency Regulations Imposing Strict Reductions in Water Use

In the wake of Governor Jerry Brown's April 1, 2015 Executive Order to reduce potable water use by 25% from 2013 levels, on April 18, 2015, the State Water Resources Control Board released its proposed text of emergency…more
| Administrative Law, Energy & Utilities

How Many Board Members Are Required To Take Action?

Suppose your corporation has a five member board of directors but two seats are vacant.  Suppose further that your corporate bylaws included the following two provisions: A.  Three members of the board shall constitute a…more
| Business Organizations, Securities Law

California Environmental Law & Policy Update - April 2015 #3

Environmental and Policy Focus - Army Corps jurisdictional determinations subject to pre-permit judicial review, Eighth Circuit says - Allen Matkins - Apr 13: EPA and Army Corps of Engineers imposition of federal Clean…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation
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