Over the years, I've received several calls asking what can be done when a business entity has been wrongfully terminated. Answering this question became a bit easier in 2006 with the enactment of AB 2588 (Runner) which authorized a court to...
Recent Posts
Although the initial ruckus over how to determine the outcome of executive compensation say-on-frequency votes has subsided, I still maintain that the Securities and Exchange Commission botched the rule (§240.14a-21(b)). More importantly, it seems...
Recently, the National Labor Relations Board concluded that an employer violated the law when it adopted a policy requiring employees to "Keep customer and employee information secure. Information must be used fairly, lawfully and only for the...
Is an LLC a party to its own operating agreement?
By dramatically lowering the cost of disseminating information, the internet has made it possible for companies to "cybersmear" their competitors before a large potential audience at very little cost. The internet also allows companies to disguise...
Recently, I wrote about Oxfam America's new lawsuit against the Securities and Exchange Commission for failing to adopt a final rule implementing Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. I heard from one reader...
One agenda item for the upcoming meeting of the Investor Advisory Committee is a "Discussion of Issuer Adoption of Fee-Shifting Bylaws for Intra-Corporate Litigation". This is indeed an interesting and timely topic in light of the Delaware Supreme...
The Franchise Tax Board's Shande
Recently, I wrote of the shamelessness of the Securities and Exchange Commission targeting late filers even while it continues to miss many legal deadlines itself. In that post, I mentioned that the SEC adopted resource extraction rules only after...
