Allen Matkins Leck Gamble Mallory & Natsis LLP

What The Legislature Doesn’t Know About Bees Could Fill A Blog

As a once and future beekeeper, I’m bemused by the California legislature’s inept efforts to legislate apiculture.  Section 29414 of the California Food & Agricultural Code, for example, defines “honeybees” as ” honey-producing…more
| Agriculture, Elections & Politics

California’s Other Investment Adviser Law

California’s Corporate Securities Law of 1968 defines and provides for the comprehensive regulation of most, but not all, investment advisers.  Some investment advisers are subject to an entirely different law found in the…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Assembly Committee Seeks To Fix Securities Fraud Statute

Readers of this blog will know be familiar with my criticism of the 2013 amendment of California’s basic securities fraud statute, Corporations Code Section 25401. See California Creates Complete Chaos By Rewriting Anti-Fraud…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Virginia Joins Nationwide Trend Limiting Employers’ Access To Employees’ Social Media Accounts

Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or applicants…more
| Communications & Media Law, Labor & Employment Law, Privacy

DBO Defeats Preliminary Injunction Files Suit Against Prorater

Last month, I wrote about Judge Lucy Koh’s decision not to preliminarily enjoin the Department of Business Oversight’s investigation of Nationwide Biweekly Administration, Inc. for unlicensed activity under California’s Check…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Consumer Protection, Real Estate - Residential

Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes

Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi schemes. Janvey…more
| Bankruptcy, Criminal Law, Finance & Banking, Business Torts

Shares “Of” Or “In” The Corporation?

A colleague recently asked: “Which is correct – shares in the corporation or shares of the corporation?”  There are two approaches to answering the question – prescriptive and descriptive. I couldn’t find any…more
| Business Organizations, Commercial Law & Contracts, Securities Law

SEC Is Sued Again For Doing Nothing

Thursday, Broc Romanek wrote about a lawsuit filed earlier this week against the Securities and Exchange Commission due to its failure to respond to a petition asking the Commission to adopt political spending disclosure…more
| Administrative Law, Commercial Law & Contracts, Securities Law

California Environmental Law & Policy Update - May 2015 #3

Environmental and Policy Focus - House votes to block EPA, Army Corps of Engineers' proposed definition of "waters of the United States": Visalia Times-Delta - May 12: House Republicans on Tuesday voted to block federal…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

SB 75 May Prove To Be Delaware’s Seven Sisters

A century ago, New Jersey was the state in which to incorporate. Long before former Iraqi President popularized the expression “Mother of Battles” (“Um El-Ma’arek“), the famed legal scholar Adolph A. Berle, Jr. bestowed the…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Elections & Politics

Renewable Energy Update - May 2015 #2

Renewable Energy Focus - Wyoming-to-California lines for wind power clear hurdle: REVE Wind News - May 2: A planned 730-mile power line project to export Wyoming wind power to Southern California has passed a significant…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation

CAFA Filings Spike in 2013

On February 18 2005, Congress enacted the Class Action Fairness Act (CAFA), P.L. No. 109-2 (28 U.S.C. §§ 1332(d), 1453, and 1711 – 1715). In enacting the CAFA, Congress sought to protect consumers and investors from settlements…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Elections & Politics, Finance & Banking

Here’s One Way To Recover Attorneys’ Fees Without Adopting A Fee Shifting Bylaw

With the ongoing hullabaloo concerning the legislative demise of fee shifting bylaw provisions under Delaware law, little attention has been paid to California law. More importantly, no one seems to have noticed that California…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, International Law & Trade

Is Posting Obscenities Aimed At Supervisor On Facebook A Terminable Offense?

Maybe not, according to a recently published NLRB decision. In Pier Sixty LLC, a majority of a three-member NLRB panel affirmed an ALJ’s decision that the employer violated Section 8(a)(1) and (3) of the National Labor Relations…more
| Administrative Law, Communications & Media Law, Labor & Employment Law

California Environmental Law & Policy Update - May 2015 #2

Environmental and Policy Focus - California approves sweeping urban water cuts: U-T San Diego - May 5: On May 5, the State Water Resources Control Board voted to approve mandatory water cuts of up to 36 percent for cities…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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