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Section 25401

Allen Matkins

Is There Securities Fraud Without Reliance And Causation?

Allen Matkins on

Section 25401 of the Corporations Code is California's securities fraud statute. Readers of this space will know that that scienter was not required under the former version of the statute but that the legislature rewrote...more

Allen Matkins

California Securities Law Claims Founder On Personal Jurisdiction

Allen Matkins on

Establishing personal jurisdiction may seem mundane, but without it a plaintiff may soon find itself out of court, as did the plaintiff in Marshall v. Galvanoni, 2017 U.S. Dist. LEXIS 185530....more

Allen Matkins

Scienter In The News Again

Allen Matkins on

In May, I wrote about Judge Gonzolo P. Curiel’s decision to grant the defendants’ motion to dismiss federal and state securities law claims in Mueller v. San Diego Entm’t Partners, LLC, 2017 U.S. Dist. LEXIS 77643 (S.D. Cal....more

Allen Matkins

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

Allen Matkins on

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

Allen Matkins

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

Allen Matkins on

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

Allen Matkins

This Ruling Appears To “Unravel The Very Fabric Of The Space-time Continuum”

Allen Matkins on

In prior posts, I’ve cast a jaundiced eye on last year’s amendment of California’s general securities fraud statute, Corporations Code Section 25401. See Die Verwandlung: How The Legislature Likely Raised The Bar On...more

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