Allen Matkins Leck Gamble Mallory & Natsis LLP

Private Email Woes Infect The Private Sector

Vice Chancellor J. Travis Laster’s ruling in Amalgamated Bank v. Yahoo!, Inc., C.A. No. 10774-VCL (Del. Ch. Feb. 2, 2016) should sound a tocsin to directors that their “private” emails may not be so private. The ruling…more
| Business Organizations

Delaware Inspection Ruling May Cause Yahoo! Inc. To Regret Not Incorporating In Nevada

In a recent blog post, Delaware lawyer Francis Pileggi discusses a recent ruling by Vice Chancellor J. Travis Laster ordering Yahoo! Inc. to produce personal emails of directors and electronically stored information in response…more
| Business Organizations, Securities Law

Do The Secretary Of State’s Criteria For Determining “Generally Recognized Presidential Candidates” Violate The APA?

Earlier this week, the California Secretary of State released his list of “generally recognized presidential candidates”. These are the individual whose names will appear on California’s June 2016 primary ballot. The Secretary…more
| Elections & Politics

Insurance Commissioner Calls For Thermal Coal Divestment And Disclosure

Late last month, California’s Insurance Commissioner announced that he had “asked all insurance companies doing business in California to voluntarily divest from their investments in thermal coal”. Thermal coal, also known as…more
| Business Organizations, Energy & Utilities, Insurance

California Environmental Law & Policy Update - February 2016

Environmental and Policy Focus - California extends mandatory water cuts despite growing snowpack - Sacramento Bee - Feb 2 - California’s drought regulators agreed Tuesday to extend water conservation mandates…more
| Civil Procedure, Consumer Protection, Energy & Utilities, Environmental Law, Transportation

Renewable Energy Update - February 2016

Renewable Energy Focus - PG&E launches program to let all customers go 100 percent solar - Solar Industry Magazine - Feb 3 - Pacific Gas and Electric Co. (PG&E) has officially launched its previously announced…more
| Elections & Politics, Energy & Utilities, Environmental Law, International Law & Trade, Taxation

Promises, Promises: Secretary of State Admits California Can’t Accommodate Cumulative Voting

California’s 1879 Constitution enshrined cumulative voting as a constitutional right. Cal. Const. of 1879, Art. XII, § 12 (repealed). The 1931 California General Corporation Law continued mandatory cumulative voting. When the…more
| Business Organizations, Elections & Politics

A Failure To Mediate Results In A Failure To Litigate

Mediation is often viewed as less costly alternative to litigation. Therefore, it is not unusual for parties to include a mediation provision in their contracts, such as the following..…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

9th Circuit Holds Subsidiary Could Be The General Manager Of Its Parent

Section 2110 of the California Corporations Code governs service of process on a foreign corporation. One means of valid service under the statute is by delivering process by hand to the corporation’s general manager in…more
| Business Organizations, Civil Procedure

What Vote Should Be Required To Pull The Plug On An LLC?

There are three paths to dissolution under California’s Revised Uniform Limited Liability Company Act (RULLCA). First, an event of dissolution set forth in a written operating agreement or the articles of organization may…more
| Business Organizations

Recent Changes to the Tax Matters Partner Designation May Prove Costly to the Unwary

One choice all joint venture devotees face in negotiating each new venture is who to designate as the tax matters partner. Recent changes to the law make this decision much more important and may prove costly to those who are…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Finance & Banking, Taxation

District Court Declines To Redress The SEC’s Failure To Respond To Petition Seeking Political Spending Disclosure Rule

Although placed right up front in the First Amendment to the U.S. Constitution, the right to petition the government for redress of grievances is often overshadowed by the other First Amendment rights. There can be no doubt,…more
| Business Organizations, Civil Procedure, Elections & Politics, Securities Law

California Environmental Law & Policy Update - January 2016 #4

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

The Investment Company Act And Roy M. Cohn

Last week, UFCW Local 1500 Pension Fund filed a class action and derivative lawsuit against Yahoo! Inc., its board of directors and some of its current and former officers.  (N.D. Cal. Case No. 3:16-cv-00478-RS).  According to…more
| Business Organizations, Civil Procedure, Finance & Banking, Securities Law

Renewable Energy Update - January 2016 #4

Renewable Energy Focus - The Verdict Is In: CPUC Preserves Net Metering In California - Solar Industry - Jan 28 In a 3-2 vote this morning, the California Public Utilities Commission (CPUC) issued its long-awaited…more
| Civil Procedure, Energy & Utilities, Environmental Law
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