Followers of California legislation will note that many bills are now in either the "suspense file" of the Appropriations Committees of the Senate and the Assembly. These two committees have jurisdiction over fiscal bills. A bill with a...
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...
Section 22303 of the California Financial Code establishes the maximum interest rates applicable to loans less than $2,500. The preceding section incorporates by reference the general Civil Code provision about contract unconscionability, Section...
The California legislature meets annually but but the legislative session is biennial. Nevada's legislature in contrast meets every other year. See Happy New Biennium! The second year of California's current session comes to a close at the end of...
Given California's hostility to non-compete agreements, it is easy to lose sight of the fact that other states don't have the same attitude. In neighboring Nevada, the courts will look to whether the restraint on competition in reasonable. A...
Section 3(a)(10) of the Securities Act provides an exemption from Securities Act registration for offers and sales of securities in specified exchange transactions. There are several conditions to the exemption, including the requirement that a...
As one might expect, the California Corporations Code includes California General Corporation Law. The Corporations Code covers a lot more than corporations, however. It includes, for example, California's partnership, limited partnership, and...
Section 496 of the California Penal Code makes it a crime to receive stolen property. Any person who has been injured by a violation of the statute may bring an action for three times the amount of actual damages, if any, costs of suit, and...
Six years ago, I opposed Governor Brown's reorganization plan that, among other things, resulted in the creation of the Bureau of Real Estate within the Department of Consumer Affairs:
"Although the DRE issues professional licenses, it is...
Section 202(a) of the California Labor Code requires an employer to pay all wages within 72 hours when an employee resigns without notice. In one recent case, the employer sent the requisite check on time, and the amount stated in numerals on the...
Keith Paul Bishop
