California's Corporate Securities Law of 1968 defines and provides for the comprehensive regulation of most, but not all, investment advisers. Some investment advisers are subject to an entirely different law found in the California Civil Code -...
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Readers of this blog will be familiar with my criticism of the 2013 amendment of California's basic securities fraud statute, Corporations Code Section 25401. See California Creates Complete Chaos By Rewriting Anti-Fraud Statute, But “We Are Against...
Last month, I wrote about Judge Lucy Koh's decision not to preliminarily enjoin the Department of Business Oversight's investigation of Nationwide Biweekly Administration, Inc. for unlicensed activity under California's Check Sellers, Bill Payers...
A colleague recently asked: "Which is correct - shares in the corporation or shares of the corporation?" There are two approaches to answering the question - prescriptive and descriptive.
Yesterday, Broc Romanek wrote about a lawsuit filed earlier this week against the Securities and Exchange Commission due to its failure to respond to a petition asking the Commission to adopt political spending disclosure requirements.
A century ago, New Jersey was the state in which to incorporate. Long before former Iraqi President popularized the expression "Mother of Battles" ("Um El-Ma’arek"), the famed legal scholar Adolph A. Berle, Jr. bestowed the title of "mother of all...
With the ongoing hullabaloo concerning the legislative demise of fee shifting bylaw provisions under Delaware law, little attention has been paid to California law. More importantly, no one seems to have noticed that California law already provides...
The problem with "fee-shifting bylaws" starts with the name. A better name might be "anti fee-shifting bylaws" because they end the fee shifting that otherwise applies. Without fee-shifting bylaws, plaintiffs' attorneys are encouraged to bet with...
