Contact us with your California corporate & securities law questions (949) 353-6347 or Contact us here

Report Issued On Two-For-One Executive Order, But What About The SEC?

The Office of Information and Regulatory Affairs recently published a report on the fiscal 2018 results of President Trump's Executive Order 13771 (Jan. 30, 2017) requiring federal agencies and departments to, among other things, eliminate two...

Administrative Procedure

Supreme Court Shows No Deference To The DBO

For U.S. Supreme Court followers, a hot topic is whether the Court will continue to apply "Chevron deference".  Under Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984), a court will uphold an agency's interpretation of...

Finance Lenders Law, Administrative Procedure

The SEC Shows That It's Never Too Late To Correct Some Mistakes

In 1997, the Securities and Exchange Commission adopted revisions to forms and schedules filed under the Securities Act of 1933, the Securities Exchange Act of 1934, related provisions of the Investment Company Act of 1940 and the Public Utility...

Administrative Procedure

Standard Of Review Is Clear For Administrative Interpretations Of Statutes And Rules

A few days ago, I noted the Court of Appeal's opinion in Davis Test Only Smog Testing v. Dept. of Consumer Affairs, 2017 Cal. App. LEXIS 855.  That post concerned the Court's holding that the plaintiffs' due process rights had not been violated by...

administrative mandate, Administrative Procedure, chevron deference, Davis Test Only Smog Testing, de novo, independent judgment, Yamaha

Attorney General Opines On Lay Representation At Administrative Hearings

Over three years ago, I wrote that California's Office of Administrative Hearings had requested the California Attorney General provide an opinion answering the following question:

Does the Administrative Procedure Act (Gov. Code, §§ 11340-11529)...

Administrative Procedure, administrative proceeding, APA, Benninghoff v. Superior Court, chapter 5, Davis Test Only Smog Testing, lay person, practice of law

CalPERS And Securities Lending - Waiting For Godot?

California Government Code Section 7603 is short and unambiguous:

All loans of securities shall be made pursuant to one of the standardized security loan agreement forms, as developed by the administrators of the State Pooled Investment Account (as...

Administrative Procedure, CalPERS, Government Code Section 7603, securities lending

California Finders Rule May Soon Take Effect

Nearly one year ago, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner).  The bill, which was enacted in 2015 and took effect last year, created a new exemption from the broker-dealer...

AB 667, Administrative Procedure, Administrative Procedure Act, broker-dealer, Broker-Dealers, Department of Business Oversight, exemption, finders, Office of Administrative Law, Seciton 11349.3, Section 11346.4

If The Market Makes You Do It, Why Should The SEC?

The basic premise underlying most disclosure requirements seems to be that issuers won't disclose to investors unless legally required to do so.  Yet, there is ample evidence of issuers making disclosures in the absence of legal compulsion.  Below...

Administrative Procedure, earnings release, guidance, Q&A

The SEC's Flawed Changes To Exchange Act Forms

Title I of the Jumpstart Our Business Startups (aka JOBS) Act amended the Securities Act and the Exchange Act to provide some regulatory relief to issuers that qualify as an "emerging growth company".  Recently, the Securities and Exchange...

Administrative Procedure, Administrative Procedure Act, AP, Form 10-K, Form 10-Q, public notice, SEC, Section 553, Securities and Exchange Commission

Can The Legislature Hire Its Own Lawyer?

In early January, California Senate President pro Tempore Kevin de León and Assembly Speaker Anthony Rendon jointly announced that the California Legislature had hired outside legal counsel to advise on potential legal challenges with the incoming...

9 Cal. 2d 126, Administrative Procedure, anthony rendon, Article VII, Attorney General, California Sui Generis, civil service, contracting out, donald trump, kevin de leon, kevin kiley, office of legislative counsel, private contracting, Section 1, State Compensation Insurance Fund v. Riley

1 2

ANY QUESTIONS REGARDING CALIFORNIA CORPORATE AND SECURITIES LAW? CONTACT US DIRECTLY

We offer expert advice with the intricacies of California law.

Our years of experience and expertise allow us to help clients navigate the business laws in California.

CONTACT US

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
Learn More About Keith

RECOGNITION

JDSupra 2018

nominee-badge

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

CATEGORIES

see all

YOUTUBE

FACEBOOK