Allen Matkins Leck Gamble Mallory & Natsis LLP

California Crowdfunding Bill In Suspense

Yesterday, Broc Romanek published several posts regarding crowdfunding.  Meanwhile here in California, crowd funding has stalled in the legislature.  AB 722 (Perea) passed unanimously out the Assembly Committee on Judiciary…more
| Elections & Politics, Finance & Banking, Securities Law

CalPERS Claims Success; Proxy Monitor Says CalPERS Success Leads To Lower Stock Prices

“Fair is Foul, and Foul is Fair” - In this press release issued last week, CalPERS congratulated itself on the “success” of its proxy voting initiatives:…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

California Environmental Law & Policy Update - July 2015 #4

Environmental and Policy Focus - California State Water Board seeks fines from local water district for alleged drought-related violations: Sacramento Bee - Jul 20 - State drought regulators went on the offensive against…more
| Agriculture, Energy & Utilities, Environmental Law, Transportation

Renewable Energy Update - July 2015 #3

Renewable Energy Focus - Senate committee backs PTC extension: ReNews - Jul 22: A U.S. Senate committee has voted to extend more than 50 tax policies, including production and investment tax credits that incentivize wind…more
| Energy & Utilities, Mergers & Acquisitions, Taxation

Court Declines To Declare “S” Corporation Shareholders’ Agreement Unenforceable

In general, shareholders of a corporation that has elected to be taxed under Subchapter S of the Internal Revenue Code are taxed on corporate profits regardless of whether the corporation makes any distribution of those profits…more
| Business Organizations, Commercial Law & Contracts, Securities Law, Taxation

When It Comes To Director Compensation, California Is Not Delaware

Yesterday, I wrote about my disagreements with the approach to director compensation adopted by the Delaware Court of Chancery in Calma v. Templeton, 114 A.3d 563 (Del. Ch. 2015) and Seinfeld v. Slager, 2012 Del. Ch. LEXIS 139…more
| Business Organizations, Commercial Law & Contracts, Securities Law

No Calm In Delaware After Calma v. Templeton

In derivative suits, cases are essentially lost and won at the motion to dismiss stage.  Unless the defendants succeed in winning dismissal, they must confront an unhappy choice between continued litigation with all of its costs…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The employer,…more
| Communications & Media Law, Labor & Employment Law

Out-of-State M&A Lawyer Can Be Sued In California

Many M&A transactions are negotiated across state lines.  When an out-of-state lawyer misrepresents facts in a phone call and email to a lawyer in California, do those communications render the foreign lawyer amenable to suit in…more
| Civil Procedure, Professional Malpractice

Does The SEC Know How To Assess Risks And Rewards?

The Securities and Exchange Commission’s proposed rules governing stock exchange listing standards governing recovery of erroneously awarded compensation cause me to wonder whether the SEC understands how to assess risks and…more
| Business Organizations, Commercial Law & Contracts, Securities Law

California Environmental Law & Policy Update - July 2015 #3

Environmental and Policy Focus - Water rights ruling a setback for California drought regulators: Sacramento Bee - Jul 10: In a significant ruling that could hinder California's ability to order water cutbacks, a judge told…more
| Energy & Utilities, Environmental Law

Renewable Energy Update - July 2015 #2

Renewable Energy Focus: Los Angeles County supervisors to ban large wind turbines in unincorporated areas - Los Angeles Daily News - Jul 14: After hearing pleas from more than a dozen Antelope Valley residents, the Los…more
| Energy & Utilities

Implementation Issues Abound For The SEC’s Proposed Clawback Rules

When adopted, the incentive compensation clawback rules recently proposed by the Securities and Exchange Commission are likely to present issuers with a number of implementation challenges. Some of these challenges have been…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Can The SEC Ignore Congress’ Plain Language?

In proposing executive incentive compensation clawback rules, the Securities and Exchange Commission departs materially from the plain words of Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more
| Business Organizations, Commercial Law & Contracts, Securities Law

Some California General Corporation Law Nonsense

Recently, I gave a brief presentation concerning various provisions of the California General Corporation Law that could apply to corporations incorporated outside of California.  I emphasized that the CGCL defines the terms…more
| Business Organizations
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