Allen Matkins Leck Gamble Mallory & Natsis LLP

Has Your Promissory Note Been Outlawed?

The modern understanding of the term “outlaw” is someone who has broken the law and has not been captured and brought to justice. There is, however, another sense of the term. A note is said to be “outlawed” when the statute…more
| Civil Procedure, Commercial Law & Contracts

Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies targeting…more
| Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Is Forced Speech In Responding To Staff Comment Letters Inaccurate Speech?

In 2014, the Securities and Exchange Commission announced that all comment letters would request that the issuer include the so-called “Tandy Letter”. Thus, all staff comment letters include a request for a written statement in…more
| Business Organizations, Securities Law

Simple Majority Voting And The Magna Carta

Some activists are continuing to submit stockholder proposals seeking the implementation of “simple majority voting”.  For example,  Morgan Stanley’s 2016 proxy statement includes the following proposal from Newground Social…more
| Business Organizations, Securities Law

Sustainable Development Update - April 2016 #2

Sustainable Development Focus - Simon Property Group and Current, powered by GE, collaborate on mall of the future - PRNewswire - Apr 19 - Simon Property Group, a global leader in retail real estate, and Current,…more
| Energy & Utilities, Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use

California Environmental Law & Policy Update - April 2016 #5

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish in…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Renewable Energy Update - April 2016 #5

Renewable Energy Focus - California utility-scale solar beat wind for first time in 2015 - Solar Industry Magazine - Apr 28 - In 2015, energy from grid-connected, utility-scale solar plants surpassed that from…more
| Bankruptcy, Energy & Utilities, Environmental Law, Real Estate - Commercial

Why Delaware Corporations Should Worry About California Law When Making Dividends

When paying a dividend to shareholders, California corporations are subject to Chapter 5 of the California Corporations Code. Corporations incorporated in Delaware and other states may also be subject to Chapter 5 if they meet…more
| Business Organizations, Civil Procedure, Securities Law

Plaintiffs Find California Courts Congenial To Section 11 Actions

Muttering About Mottoes - The official motto of the State of California is “Eureka”. Cal. Gov’t Code § 420.5. The word is a transliteration of the Greek word e????a which is first person, singular, indicative active form…more
| Business Organizations, Civil Procedure, Securities Law

Inspecting Foreign Corporation Shareholder Lists

Recently, I’ve written about the “absolute” right of shareholders to inspect the shareholders list pursuant to California Corporations Code Section 1600. Readers at, or representing, foreign corporations may have skipped these…more
| Business Organizations, Securities Law

8 Things Employers Need to Know About San Francisco’s New Fully Paid Parental Leave Ordinance

On April 21, 2016, Mayor Ed Lee signed The Paid Parental Leave for Bonding with New Child Ordinance making San Francisco the first U.S. city mandating employees are provided with six weeks of fully paid parental leave for the…more
| Labor & Employment Law

Federal Court Rules “Mere Affiliation” Is Insufficient To Establish Personal Jurisdiction

Nearly four years ago, I wrote about a Nevada Supreme Court decision holding that Nevada courts can exercise personal jurisdiction over nonresident officers and directors who directly harm the corporation. Consipio Holding, BV…more
| Business Organizations, Civil Procedure

Court of Appeal Clarifies the FEHA Requires Reasonable Accommodations to Employees Who Are Associated With a Person with a Disability

In the recent Castro-Ramirez v. Dependable Highway Express, Inc. decision, the court held that under the California's Fair Employment and Housing Act ("FEHA"), employers are required to provide reasonable accommodations for…more
| Civil Procedure, Civil Rights, Labor & Employment Law

More On Inspecting The Shareholder List And The Regulation Of Alien Implants

Yesterday’s post discussed California’s “absolute” right of shareholders to inspect the shareholder list established by Section 1600 of the California Corporations Code. Some additional points are briefly worth noting..…more
| Business Organizations, Securities Law

California Environmental Law & Policy Update - April 2016 #4

Environmental and Policy Focus - Three Michigan state and local officials face first criminal charges in Flint water crisis - The Guardian - Apr 20 - Three state and local officials involved in Flint’s water…more
| Criminal Law, Energy & Utilities, Environmental Law
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