News & Analysis as of

Department of Corporations

Beware of Good Intentions: Insurer Cannot Escape Duty to Defend by Interpleading Policy Limits That Were Not Subject to Competing...

by Reed Smith on

On October 6, 2015, the United States District Court, Northern District of California held that an insurer breached its duty to defend by interpleading remaining policy limits and ceasing its defense of its insured. ...more

California Reverts To Former Securities Anti-Fraud Statute

by Allen Matkins on

Readers of this blog will recall my chariness of a 2013 amendment to California’s basic securities anti-fraud statute.  See California Creates Complete Chaos By Rewriting Anti-Fraud Statute, But “We Are Against Fraud Aren’t...more

Delaware Secretary of State’s Office Closing for Four Days During US Labor Day Holiday

by Morgan Lewis on

We strongly urge our clients to consider closing dates, lien lapses, and other filings or deadlines. The Delaware Secretary of State has advised that as a result of a major computer system transition at the Division of...more

Crossing the Line: Don't Let Business Clients Become Accidental Franchisors

by Lewitt Hackman on

Too often, expansion-minded business owners choose to offer trademarked products or services through purported licensing agreements or distribution or dealership arrangements only to discover, well into the game, that what...more

DBO Filing Procedures Set To Change Big Time

by Allen Matkins on

When I joined the Department of Corporations, it had no website and filings were made only in hard copy. In the ensuing years, the Department (now known as the Department of Business Oversight) created a website, established...more

California’s New Rule for Private Fund Advisers will Result in Significant New Requirements and Restrictions for Many California...

On August 27, 2012, the California Department of Corporations adopted a new Rule 206.204.9, which was intended to encourage capital investment in private investment funds by providing an exemption from investment adviser...more

If You Did This, It Would Be Fraud!

by Allen Matkins on

All fees, reimbursements, assessments, and other money or amounts charged and collected by the Department are required to be deposited into the the State Corporations Fund. Cal. Gov’t Code § 13978.6(b). The legislature...more

Department Of Corporations Issues Crowd Funding Bulletin

by Allen Matkins on

Last week, the Department of Corporations issued this bulletin which it styled as a “Crowdfunding Update”. The Bulletin makes several important points....more

Facebook Fairness Hearing Back In The News

by Allen Matkins on

Last August, the Department of Corporations approved the acquisition of Instagram, Inc. by Facebook, Inc. following a fairness hearing. See DOC Calls It Fair. According to this Los Angeles Times story by Salvador Rodriguez,...more

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