Allen Matkins Leck Gamble Mallory & Natsis LLP

How A Train Wreck Changed The Constitution

In the early morning of October 3, 1970 on rural road just outside San Jose, 61-year old Engineer Anthony Gassell was at the controls of his Southern Pacific locomotive as it headed northwest. At the same time, 24-year old…more
| Constitutional Law, Transportation

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or…more
| Communications & Media Law, Elections & Politics, Labor & Employment Law, Privacy, Science, Computers, & Technology

To Whom Does “Related Parties” Refer In A.S. No. 18?

In June of last year, the Public Company Accounting Oversight Board adopted Auditing Standard No. 18 which “establishes requirements regarding the auditor’s evaluation of a company’s identification of, accounting for, and…more
| Commercial Law & Contracts, Securities Law

Renewable Energy Update - November 2015 #4

Silver Lake nearly quadruples initial investment in SolarCity - Los Angeles Times: - Nov 18: Investment firm Silver Lake announced plans Wednesday to nearly quadruple the size of its initial stake in rooftop solar power…more
| Energy & Utilities, Environmental Law

California Environmental Law & Policy Update - November 2015 #2

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water Quality…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

San Diego Regional Water Quality Control Board Amends Regional MS4 Permit to Provide Alternate Compliance, Define Prior Lawful Approval of Development Projects, and Extend BMP Design Manual Deadline

On Wednesday, the San Diego Regional Water Quality Control Board approved amendments to its regional National Pollutant Discharge Elimination System ("NPDES") permit, Order No. R9-2013-0001, regulating discharges from large and…more
| Energy & Utilities, Environmental Law

ISS Ignores Contrary Studies In Adopting Overboarding Policy Change

ISS released its 2016 Benchmark Policy Recommendations last Friday. I had previously criticized ISS for its proposal to change its recommendation on withholding votes with respect to directors who sit on too many boards..…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

Enjoining The Correct Spelling

In yesterday’s post, I wrote about Judge Leigh Martin May had issued a ruling enjoining a SEC administrative proceeding. Presumably, Judge May has or will issue an injunction. This leads me to question why the verb is…more
| Law Practice Products & Services

Court Enjoins SEC Administrative Proceeding

Last March, I posed the following question:   But if you were hailed before an unconstitutional tribunal with the ostensible authority to fine you and bar you from working, would you want a “real” court to step in and…more
| Administrative Law, Constitutional Law, Securities Law

Is There A State Role For Binary Option Regulation?

The North American State Securities Administrators Association (NASAA) recently warned investors about the risks of investing in binary options. While NASAA asserts that many binary trading platforms are “unregulated or are…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

If It Doesn’t Sell Buckets, Is It Truly A Bucket Shop?

An often overlooked corner of the California Corporations Code is the Bucket Shop Law, Cal. Corp. Code § 29000 et seq. The law quite literally criminalizes the keeping of a bucket shop: "Any person who . . . is the keeper of…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Renewable Energy Update - November 2015 #3

Renewable Energy Focus - Federal and state officials restart desert renewable energy plan: SFGate - Nov 10: Federal and state officials said Tuesday they will allow solar, wind, and other renewable energy development on…more
| Energy & Utilities, Environmental Law

Second Circuit Affirms NLRB Decision Employers Won’t Like

Back in August 2014, we discussed an NLRB decision, which concluded that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act and that the…more
| Labor & Employment Law

California Environmental Law & Policy Update - November 2015 #1

Environmental and Policy Focus - MWD will try to buy Delta islands for water storage, habitat purposes: Los Angeles Times - Nov 10: The Metropolitan Water District of Southern California (MWD) board voted on Tuesday to…more
| Energy & Utilities, Environmental Law

Society Warns ISS That Overboarding Policy Change Will Hurt Women And Minority Directors

Recently, I criticized ISS’ proposed changes to its policy on “overboarding”. Therefore, I was pleased to see that I wasn’t a lone voice crying in the wilderness. The Society of Corporate Secretaries and Governance…more
| Business Organizations
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