In an en banc decision issued yesterday, the Ninth Circuit Court of Appeals reversed U.S. District Court Judge Edward M. Chen's denial of a preliminary injunction in an action challenging a San Francisco ordinance requires health warnings on...
As a general matter, a parent company will not be liable on a contract signed by its subsidiary simply because it is a wholly-owned subsidiary. Sometimes, however, it is possible to establish some other basis for binding a parent to its...
Doing Business - Chapter 80
Before commencing or doing any business in Nevada, NRS 80.010 requires a foreign corporation to file with the Nevada Secretary of State:
- Qualification to do Business in Nevada form.
- A file stamped copy of the document...
When settling claims, California lawyers will typically include a waiver of Civil Code Section 1542. That statute generally provides that a general release does not extend to claims not known or suspected to exist at the time of executing the...
Old and In the Way?
A recent study by four professors finds quite a few faults with older directors:
"Specifically, older independent directors are more likely to miss board meetings and less likely to be a member or chair of important board...
NRS 628A.020 imposes a fiduciary duty on financial planners. In 2017, the Nevada legislature enacted legislation prohibiting broker-dealers and sales representatives from violating the fiduciary duty imposed by NRS 628A.020. NRS 90.575(1). This...
Several prior posts have discussed California's whistleblower protection statute - Labor Code Section 1102.5. See Court Extends California Whistleblower Protection To Third Party Violations; Can A Whistleblower Disclose What Has Already Been...
Rule 506 is a non-exclusive safe harbor from the registration requirements of the Securities Act of 1933. If an offering meets the conditions of either Rule 506(b) or 506(c), it is deemed to not involve a public offering within the meaning of...
When disclosure is not mandated, companies must confront the question whether to disclose or not disclose. Some may hold that issuers minimize the risk of securities litigation by making early and voluntary disclosures. By doing so, they cabin a...
The 2014 Budget Act requires the Department of Business Oversight to provide a report on its broker-dealer/investment adviser program to the the Legislature and the Department of Finance by January 10 of each year. While not exactly scintillating...
Keith Paul Bishop
