Secretary Of State Seeks To Rework Entity Name Requirements While Retaining Ineluctable Incertitude

Ten years ago today, I penned an opinion piece decrying the inconsistencies of California's statutory requirements for entity names.  

Is Coal A Mineral And Why Ask?

The Securities and Exchange Commission is trying for the third time to implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to disclosure of payments by resource extraction issuers. In that Act, Congress...

In This Case, The First Filed Case Was Last

In 2014, Kimberly-Clark Corporation, a Delaware corporation, spun off Halyard Health, Inc., a Delaware corporation, pursuant to a distribution agreement. The distribution agreement required Halyard to indemnify Kimberly-Clark against certain claims....

Academicians Find Firms With All Male Boards Have Left The State

In November, I wrote about an academic study finding that companies experienced "a large negative stock market reaction" when Governor Jerry Brown signed into law California's female board quota mandate (SB 826). The authors of this study recently...

The SEC Insists On "Terminological Inexactitude" For Resource Extraction Issuer Rule

As previously mentioned in this blog, the Securities and Exchange Commission is trying for the third time to implement Congress' directive to adopt rules requiring disclosure by "resource extraction issuers".  See The SEC's Extraction Distraction.  ...

Department Issues "Opinion" That Deferred Payment Product Meets Definitions Of "Loans"

As mentioned in my post last week, the Department of Business Oversight issued a press release shortly after Christmas announcing that it had issued a "legal opinion" concerning whether a point-of-sale product constitute loans for purposes of the...

Department Of Business Oversight Takes Aim At Point-Of-Sale Transactions

Late last month, the California Department of Business Oversight took the unusual step of issuing a press release announcing that it had denied an application by Sezzle Inc. for a lender's license under the California Financing Law (Cal. Fin. Code §...

Court Finds Film Investor's Lawsuit Targeted Defendants' Free Speech Rights

The introductory paragraph in Ojjeh v. Brown, 2019 Cal. App. LEXIS 1304, suggests that the case may involve allegations of securities fraud:

The SEC's Extraction Distraction

As noted yesterday, the Securities and Exchange Commission has proposed to amend Form SD to implement Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Because the proposed rules relate to disclosures by resource...