Allen Matkins Leck Gamble Mallory & Natsis LLP

Overcoming A Securities Overissue

I like to remind my colleagues that California has two securities laws. Neither of these laws applies exclusively to corporations or other entities organized under California law.  The Corporate Securities Law of 1968, Cal…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Renewable Energy Update - August 2015 #4

Renewable Energy Focus - Obama adds $1 billion in loan guarantees for clean energy: Bloomberg - Aug 24: President Barack Obama will announce on Monday a $1 billion increase in loan guarantees for renewable energy projects…more
| Energy & Utilities

California Environmental Law & Policy Update - August 2015 #4

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North…more
| Civil Procedure, Elections & Politics, Energy & Utilities, Environmental Law

McMillin Albany, LLC v. Superior Court Rejects Reasoning and Outcome of Liberty Mutual on SB800

In McMillin Albany, LLC v. Superior Court (available here), the Fifth Appellate District of the California Court of Appeal held that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the only remedy…more
| Civil Procedure, Civil Remedies, Construction Law, Real Estate - Residential

In California, A Snail Is Sometimes A Fish And A Goldfish Isn’t

With statutes, it can be dangerous to rely on plain meaning. Most people, for example, would not consider an amphibian, such as a frog, or a mollusk, such as a snail, to be fish. However, the California Fish & Game Code…more
| Administrative Law, Agriculture

OPR Releases Preliminary Discussion Draft of CEQA Guidelines Amendments for Public Comments

On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA) Guidelines (Preliminary Discussion Draft). The OPR…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Grammatical Gender And The General Corporation Law

Many, but not all languages, employ grammatical gender.  Anyone who has studied Spanish or German will know that grammatical gender is essential and can be unrelated to biological sex.  For example, el vestido is a masculine…more
| Business Organizations

Did You Ever Wonder Whether “Within” Might Be A Superfluous Pleonasm?

Suppose that you hold an option that must be exercised “within 30 days prior to the expiration of the option”.  Does this mean that you must exercise the option no later than thirty days before the expiration date or that you…more
| Commercial Law & Contracts, Securities Law

California Enacts Change-in-Control Benefits For Grocery Workers

Last week, Governor Jerry Brown signed AB 359 (Gonzalez) that will impose a worker retention requirement when there has been a change in ownership or control of grocery establishments.  In general, the bill will require the…more
| Business Organizations, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

Nevada Enacts Provisions Permitting Ratification Of Corporate Acts

Etymologically, one might view the meaning of “ratify” as to make as one had thought.  It is derived from two Latin words – ratus (the past participle of the verb meaning to think) and facere (the infinitive of the verb meaning…more
| Business Organizations

California Environmental Law & Policy Update - August 2015 #3

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

California Amends Code To Authorize Worker Cooperatives

I’ve written in the past about various efforts to create a workers cooperative law here in California.  See Are Worker Cooperatives A “Sea Water Fish In A Freshwater Pond”? and In The Year 2525, If Man Is Still Alive, If Woman…more
| Business Organizations, Labor & Employment Law

Renewable Energy Update - August 2015 #3

Renewable Energy Focus: U.S. Senator Charles Schumer calls for changes, extension to solar ITC: PV-Tech - Aug 20: During a scheduled visit to a SolarCity factory under construction in South Buffalo, New York, U.S. Senator…more
| Energy & Utilities, Finance & Banking, Taxation

Court Poised To Decide Whether Directors Are Agents

Not quite four years ago, I wrote about whether directors are agents. The post was prompted by then Chancellor William B. Chandler III’s assertion..…more
| Business Organizations, Commercial Law & Contracts

California, Nevada and 38 Other States Have These, But Delaware Doesn’t

According to the National Center for State Courts, forty states, including California and Nevada, have established intermediate courts of appeal.  California’s Court of Appeal was established by a constitutional amendment…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts
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