Allen Matkins Leck Gamble Mallory & Natsis LLP

Why Doesn’t California Have A Labor Day?

Federal law establishes ten “legal public holidays”, including “Labor Day, the first Monday in September”.  5 U.S.C. § 6103.  California, on the other hand, names “Labor Day” in several statutes (e.g., Civil Code § 1689.24) but…more
| Administrative Law, Labor & Employment Law

Court Rules That The SEC Unlawfully Withheld Action Mandated By Congress

Last fall, I wrote about Oxfam America’s second lawsuit to force the Securities and Exchange Commission to adopt a resource extraction disclosure rule under Section 1504 of the Dodd-Frank Act.  Readers may recall that Congress…more
| Administrative Law, Securities Law

City Ordered to Refund $10.5 Million in Beach Parking Fees

On August 28, 2015, a California Court of Appeal affirmed the trial court's judgment against the City of San Clemente (City) ordering the City to refund approximately $10.5 million in unexpended development impact fees relating…more
| Civil Procedure, Real Estate - Residential, Zoning, Planning & Land Use

Officers And The Internal Affairs Doctrine

My guess is that most attorneys would say that the duty of an officer to the corporation are governed by the law of the state of incorporation under the “internal affairs doctrine”.  As explained by the U.S. Supreme Court, the…more
| Business Organizations, Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law

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
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