Allen Matkins Leck Gamble Mallory & Natsis LLP

555 South Figueroa Street, 9th Floor
Los Angeles, CA 90071, United States

  • 213-622-5555

Judge Orders Stockholder To “Register” Correspondence With The SEC

Many boards operate with a high degree of collegiality, even when the directors disagree. Some don’t. When the board of directors of Gas Natural Inc., a publicly traded natural gas holding company, voted to remove its CEO and…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Securities Law

Buyer’s “I Have A Plan” Statement Found To Be Immaterial Puffery

A recent California Court of Appeal decision is a helpful reminder that buyers can also be targets of securities fraud suits. In Goldsholle v. Brisco, 2014 Cal. App. Unpub. LEXIS 7997 (Cal. App. 2d Dist. Nov. 6, 2014), the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Judge Rules Against FTB In “Doing Business” Definition

Over a year ago, I wrote about an Iowa corporation, Swart Enterprises, Inc., which operates a 60 acre farm in Kansas. Swart has no physical presence in California. It owns no real or personal property in California. However,…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Taxation

Do Some Companies Already Have Fee-Shifting Provisions (And Not Know It)?

A lot of folks these days are arguing and writing about fee-shifting bylaws as if they were some kind of novel and sudden irruption, like Athena bursting from Zeus’ skull. This overlooks the existence of fee-shifting provisions…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Securities Law

An Appeal of a Bankruptcy Sale Order May Be Moot Regardless of Whether the Seller Actually Had the Authority to Sell the Assets

A pair of recent decisions by the Ninth Circuit in In re Mortgages Ltd. underscore the power of the equitable mootness doctrine and the importance of obtaining stays of bankruptcy court orders to avoid having appeals of the…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

Will The Courts Stop Deferring To SEC Interpretations?

In 1984, the U.S. Supreme Court announced a foundational principle of administrative law. When a court reviews an agency’s construction of a statute that it administers, the court should..…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Securities Law

When California Copied Rule 10b-5 Did It Shut The State Courthouse Door To Securities Fraud Suits?

Section 27 of the Securities Exchange Act of 1934 provides: “The district courts of the United States . . . shall have exclusive jurisdiction of violations of [the Exchange Act] or the rules and regulations thereunder,…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Securities Law

California Environmental Law and Policy Update - November 2014 #2

Environmental and Policy Focus - Heat, drought worsen smog in California, stalling decades of progress: Los Angeles Times - Nov 10: Heat and extreme drought have worsened smog in California over the last year, stalling…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Science, Computers, & Technology, Transportation

Nevada’s Business Judgment Rule: FDIC – 4; Management – 0

In recent weeks, the U.S. District Court has issued four separate rulings in cases brought by the Federal Deposit Insurance Corporation (FDIC) against former bank managers for breach of fiduciary duty. Here is a brief recap of…more
| Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Finance & Banking, Business Torts

Nevada Secretary Of State Denies Hacking Claim

Recently, Cytta Corp., a small Nevada corporation, filed this Form 8-K reporting that it had “discovered that it was the victim of an online hacking incident on October 30th, 2014 in that, unauthorized person or persons accessed…more
| Administrative Law, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Court Of Appeal Takes A Deep Dive Into Short Selling

In a lengthy opinion issued yesterday, Justice Kathleen M. Banke explains naked short selling, describes the mechanics of executing and clearing stock trades, describes the SEC’s Regulation SHO, and recounts the SEC’s…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Why Commissioner Gallagher Is Not Mistaken On Political Spending Disclosure

In this post published on October 30, I observed: According to Enver Fitch and Limor Bernstock at ISS ESG Proxy Research, shareholders associated with the Center for Political Accountability submitted 47 proposals this…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

Nevada’s Duty Of Care Standard Fails To Win Summary Judgment For Director

NRS 78.138(1) imposes two explicit duties on directors in the exercise of their powers: they must act in good faith and with a view to the interests of the corporation. This contrasts with Delaware case law which speaks of a…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

California Environmental Law and Policy Update - November 2014

Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to cut…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Five Holiday Season Tips for Retail Landlords

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also…more
| Civil Rights, Commercial Law & Contracts, Constitutional Law, Real Estate - Commercial
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