Once More Into The Breach - Or Should That Be Conflict?

A common contractual representation is that the execution and delivery of the agreement does not constitute a breach of one or more other agreements or charter documents. Sometimes, the representation is that the execution and delivery do not...

Senator Jones Introduces Bill To Provide Cures For Incurable Corporate Acts

Some corporate actions defy a cure. Other states, notably Delaware and Nevada, have taken action to provide cures for the incurable. Last year, the Corporations Committee of the Business Law Section of the California Lawyers Association sponsored a...

DFPI Rings In The New Year By Issuing A Dozen Subpoenas

Yesterday, the Department of Financial Protection and Innovation announced that it had issued "subpoenas to a dozen companies with significant California customer bases, representing the first major action to be taken under the expanded oversight...

What Type Of Crime Is Securities Fraud In California?

Section 25401 of the California Corporations Code, which was modeled on Section 12(a)(2) of the Securities Act of 1933, provides:

The Great Reese River Navigation Company Investment Scam

Recently, I have written a few words about Austin, Nevada. The town is situated in Pony Canyon, over a mile high in the Toiyabe mountain range. Today, it bestrides U.S. Route 50, known as the "Loneliest Road in America". The town was founded on the...

How A Failed Royal Pardon Became A Limit To A President's Power Of Pardon

The English word "impeach" is derived from the Latin preposition in, meaning in, on or into, and noun pedica, meaning a shackle or snare. The earliest recorded case of impeachment by the English House of Commons was in 1376 during the reign of...

It's Time For Foreign Corporations To Publish Or Perish In Nevada

In a recent post about Ruel Gridley's famous 50 lb. sack of flour, I mentioned The Reese River Reveille.  The Reveille began publishing in Austin, Nevada in 1863 and was published continuously for 130 years. Nevada seems to like newspapers because...

It's Time To Get Started On CFL/PACE/RSDL Annual Reports

Pursuant to Financial Code Section 22159(a), licensees under the California Financing Law (CFL), the Property Assessed Clean Energy (PACE) Financing Program, and the Responsible Small Dollar Loan (RSDL) pilot program must submit annual reports for...

Governor Proposes Hefty Increase In DFPI Budget

Pursuant to Article IV, Section 12(a) of the California Constitution, today is the deadline for the Governor to submit a proposed balanced budget. The next step is for the budget to be introduced into both houses of the legislature in identical...