After More Than A Year, Questions Remain Regarding Caremark and Officers

Last year, Vice Chancellor J. Travis Laster famously held that officers could be subject to liability under the Caremark doctrine.  In re McDonald’s Corp., 289 A.3d 343 (Del. Ch. Jan. 26, 2023).    The Caremark doctrine originally held that directors...

Still More On Whether The SEC Exceeded Its Authority In Adopting Rule 21F-17

Yesterday's post again discussed whether the Securities and Exchange Commission exceeded its authority in adopting Rule 21F-17(a), which provides:

SEC Settles More Rule 21F-17(a) Cases, But Has It Exceeded Its Authority?

In a blog post this morning, Liz Dunshee notes that the Securities and Exchange Commission has recently announced the settlement seven more cases involving Rule 21F-17(a), which provides:

California Court Upholds Daily Transaction Limits On Bitcoin ATMs

A year ago, Governor Gavin Newsom signed two bills, Assembly Bill 39 and Senate Bill 401, that created the California Digital Financial Assets Law.  SB 401 added Section 3902 to the Financial Code to prohibit an operator of a digital financial asset...

Does The SEC's Jurisdiction Really Extend To Any Person?

Last week, the Securities and Exchange Commission announced that it had settled charges against a broker-dealer and two investment advisers for impeding their clients from reporting securities law violations to the SEC. According to the SEC, the...

Looking For A Drink At 3 A.M.? Soon, You May Find One Here

California law provides that any licensee of the Department of Alcoholic Beverage Control or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day,...

Foreign Corporations Filing Actions In California May Be Required To Post Bonds When Domestic Corporations Are Not

Under Section 1030 of the California Code of Civil Procedure, a defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be...

Has Your Corporation Unwittingly Agreed To Indemnify Its "Executives"?

The "usual suspects" when looking for director and officer indemnification requirements are:

California Caps Legislative Session By Sending A Weird Hedge Fund Bill To The Governor For A Possible Signature

Last month, I commented on the "weird" definition of "hedge fund" in AB 3129 (Wood).  On the last day of the current session, the legislature passed the bill.  It is now on Governor Newsom's desk.

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