Allen Matkins Leck Gamble Mallory & Natsis LLP

This Company Solicited Consents To Remove A Sitting Director

It’s not often that you see a company soliciting consents to remove one of its sitting directors. However, that is what PICO Holdings, Inc. sought to do in this consent solicitation statement filed with the SEC on October 31,…more
| Business Organizations, Securities Law

Renewable Energy Update - December 2016

Renewable Energy Focus - Renewables provided 15% of U.S. electricity in first three quarters - Solar Industry Magazine - Nov 30 - Renewable energy sources provided 15.1% of net U.S. electrical generation…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

California Environmental Law & Policy Update - December 2016

Environmental and Policy Focus - Warriors win second court decision in S.F. arena battle - San Francisco Business Times - Nov 29 - A California appellate court on Tuesday upheld the environmental review of…more
| Environmental Law, Transportation

Court Rejects Challenge To Internal Affairs Doctrine

Marvell Technology Group, Ltd. is a publicly traded company that is incorporated in Bermuda. Marvell’s U.S. operating subsidiary is based in California. A year ago, an institutional stockholder filed a derivative suit against…more
| Business Organizations, Civil Procedure

Unregistered Sales Of Certificates Of Deposit

Last spring, the California Department of Business Oversight warned consumers that two related companies have been offering unlicensed online securities broker-dealer services and “unregistered sales of certificates of deposit…more
| Business Organizations, Conflict of Laws, Finance & Banking, Securities Law

Sustainable Development Update - December 2016

Sustainable Development Focus - U.S. voters approve billions for transit and green space - Urban Land - Dec 1 - In November, voters across the U.S. endorsed numerous state and local ballot measures approving…more
| Elections & Politics, Energy & Utilities, Environmental Law, Real Estate - Commercial, Transportation

Court Rules Fixed Income Annuity Is Not A Security Under The CSL

Because annuity contracts involve the payment of money in the expectation of future payments, one might conclude that they are securities within the meaning of the California Corporate Securities Law of 1968. Evidently, that is…more
| Civil Procedure, Civil Remedies, Insurance, Securities Law

California’s Private Fund Adviser Exemption

Before the enactment of the Dodd-Frank Act in 2010, many advisers to alternative investment vehicles, such as hedge funds, private-equity funds, and venture capital funds relied on the Section 203(b)(3) exemption from…more
| Business Organizations, Finance & Banking, Securities Law

When A Director May Not Be Interested In Director Compensation

Suppose that a corporation has three directors, A, B & C, each of whom is compensated by the corporation. Is director A financially interested in a resolution fixing the compensation of director B? Corporations Section 310(a)…more
| Business Organizations

Is The SEC’s Universal Proxy Proposal A Product Of Agency Capture?

More than six decades ago, the late Professor Marver H. Bernstein published his theory of regulatory capture in Regulating Business By Independent Commission (Greenwood Press 1955). According to his theory, agencies follow a…more
| Business Organizations, Securities Law

Court Addresses “Fair Value” Determination In Statutory Buyout Proceeding

When when a shareholder sues for involuntary dissolution, the corporation, or the holders of 50% or more of the voting power of the corporation, may avoid the dissolution by purchasing for cash the plaintiff’s shares at their…more
| Business Organizations, Commercial Law & Contracts

When Non-Voting Shares Have The Right To Vote

The California General Corporation Law authorizes a corporation to “issue one or more classes or series of shares or both, with full, limited or no voting rights”. Cal. Corp. Code § 400(a). Thus, it may be reasonable to assume…more
| Commercial Law & Contracts, Securities Law

SEC Hands Out Millions While Leaving The Public In The Dark

Last week, the Securities and Exchange Commission issued a press release announcing its decision to award $20 million “to a whistleblower who promptly came forward with valuable information that enabled the SEC to move quickly…more
| Business Organizations, Civil Remedies, Labor & Employment Law, Securities Law

California Environmental Law & Policy Update - November 2016 #3

Environmental and Policy Focus - BP to pay $14 million in settlement over gas storage tanks - San Jose Mercury News - Nov 17 - The BP oil company has agreed to pay $14 million to settle California…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Renewable Energy Update - November 2016 #2

Renewable Energy Focus - New solar, wind competitive leasing program to start for U.S. public lands - Renewable Energy World - Nov 15 - The Bureau of Land Management (BLM) has finalized a rule that creates a…more
| Energy & Utilities, Environmental Law, Taxation, Zoning, Planning & Land Use
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