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...
Recent Posts
Homographs are words that share the same spelling but have different meanings. One such word that is very familiar to lawyers is the word "case". Lawyer's try cases, shelve books in cases, and write in upper case and lower case letters. How can one...
Charles II, aka the "Merry Monarch", was sitting on the English throne when the original Statute of Frauds was enacted in 1677. Therefore, one should be forgiven for the mistaken presumption that all questions involving the application of the...
Last December, Chief Magistrate Judge Joseph C. Spero ruled that the SEC's attorney-conduct rules preempt California's statutory and professional rules requiring attorneys to maintain inviolate the confidences. Wadler v. Bio-Rad Laboratories, Inc., ...
Last week, I noted that Judge Gorsuch has expressed a certain skepticism of Chevron deference. The next day, the Ninth Circuit Court of Appeals held that the Securities and Exchange Commission's interpretation of Section 19(d)(2) of the Securities...
Justice Kenneth R. Yegan clearly and concisely frames the question in Western Surety Co. v. La Cumbre Office Partners, LLC, 2017 Cal. App. LEXIS 77 (2017):
I think it is beyond peradventure that a state enjoys personal jurisdiction over corporations incorporated within that state. What about the personal jurisdiction over the corporation's directors and officers? That was the question addressed by U.S....
A New York state of mind, but California dreaming
The list of instruments and interests included within the definition of a "security" in California Corporations Code Section 25019 is long. A franchise, however, is not to be found amongst the named. In fact, the statute specifically excludes a...
