Allen Matkins Leck Gamble Mallory & Natsis LLP

Did The Judge’s Ruling Truly Decimate The Defendant’s Contention?

Yesterday’s post concerned Justice M. Kathleen Butz’ recent holding in Yee v. Am. Nat’l Ins. Co., 2015 Cal. App. LEXIS 257 (Cal. Ct. App. 2015).  The case involved the California Controller’s attempt to examine the records of…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts

Controller Must Still “Look To Find A Reason To Believe”

Last month, I wrote about reports that the SEC is seeking years of employment agreements, nondisclosure agreements and other documents in an effort to ferret out possible restraints on whistleblowers. See Is Anything Fishy With…more
| Administrative Law, Business Organizations, Civil Procedure

Should The SEC Adopt Governance Principles (For Itself)?

When I served as Commissioner of Corporations for the State of California, I was sometimes asked about the other Commissioners.  However, I never concerned myself with the “other Commissioners” because there were no other…more
| Administrative Law, Commercial Law & Contracts, Securities Law

California Environmental Law & Policy Update - March 2015 #3

Environmental and Policy Focus - Governor Brown, top lawmakers unveil emergency drought legislation: Los Angeles Times - Mar 19: Governor Jerry Brown and top lawmakers from both parties announced Thursday a $1 billion…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation

Section 25501.5 – I Ask Again What Do It Mean?

Corporations Code Section 25501.5 generally authorizes an action for rescission (or damages, if the security is no longer owned) by any person “who purchases a security from or sells a security to a broker-dealer that is…more
| Business Organizations, Commercial Law & Contracts, Securities Law

State Water Board Significantly Expands Scope of Authority to Investigate Water Rights

As widely anticipated, on March 17, 2015, the State Water Resources Control Board approved a resolution to impose state-wide mandatory water conservation measures, including restricting the number of days that irrigation of…more
| Administrative Law, Energy & Utilities

Will FAA Give Wings To Arbitration Bylaws?

In January, I discussed the Court of Appeal’s decision in Cobb v. Ironwood Country Club, 233 Cal. App. 4th 960 (Cal. App. 4th Dist. 2015). I found the case interesting because the Court applied a contract law analysis to an…more
| Alternative Dispute Resolution (ADR)

California Bar Committee Publishes Venture Capital Sample Opinion

The Opinions Committee of the Business Law Section of the California State Bar recently published a sample opinion for venture capital financing transactions. In a sad testament to the lowly status of the California General…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

The “Twitterverse” Reacts After Employer Revokes Job Offer to Teen Over Tweet

Last month, a Texas employer fired a new hire over Twitter before the new hire showed up for her first day of work, causing a frenzy of social media activity and some negative publicity for the employer. The day before starting…more
| Communications & Media Law, Labor & Employment Law

California Supreme Court Decides To Admit Chinese Immigrant After All

I’ve taken a special interest in following the case of Hong Yen Chang (no known relation to my son-in-law).  Mr. Chang arrived in the U.S. in 1872 and graduated from Yale and then Columbia Law School.  …more
| Civil Procedure, Immigration Law

Court Decides Dissolved Corporation “Still Exists”

Some may view dissolution as the final curtain for a corporation and its shareholders.  But unlike mere mortals, a corporation does not strut and fret its hour upon the stage and then is heard no more…more
| Business Organizations, Civil Procedure

Renewable Energy Update - March 2015 #2

Renewable Energy Focus: California renewable energy zone plan gets revamp after criticism - Reuters - Mar 13: An ambitious plan to put California's renewable energy projects in areas where the environment will face the…more
| Energy & Utilities, Environmental Law

California Environmental Law & Policy Update - March 2015 #2

Environmental and Policy Focus: California renewable energy zone plan gets revamp after criticism: Reuters - Mar 10: An ambitious plan to put California's renewable energy projects in areas where the environment will face…more
| Construction Law, Energy & Utilities, Environmental Law, Products Liability, Zoning, Planning & Land Use

Magna Carta Friday: A Definitive Article About A Definite Article

In English, we have two articles – “the” is the definite article and “a/an” is the indefinite article.  Latin, on the other hand, lacks articles, definite or indefinite.   Indeed, the great first century Roman rhetorician Marcus…more
| Civil Procedure

DBO Warns Victims Not To Be Victimized Twice

The DBO has become aware that past investors in Leland Energy are being solicited by a purported New York State-licensed attorney claiming to have been hired by the State of California to contact them regarding $6.5 million in…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law
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