California Corporate & Securities Law

The California Supreme Court has imposed a continuous ownership requirement for shareholder derivative suits under California Corporations Code Section 800.  Grosset v. Wenaas, 42 Cal. 4th 1100 (2008). Thus, a shareholder must maintain continuous...

California's fictitious business name law is ostensibly intended to make available to the public the identities of persons doing business under the fictitious name. In general, the law requires a local filing of a fictitious business name statement...

Recently, I have written about Senator Ben Hueso's proposal to convert the California Infrastructure and Economic Development Bank (I-Bank) as a depository institution.  As a depository bank, the I-Bank would hold and lend taxpayer dollars. 

In California, a corporation's fictitious business name is any name other than the corporate name stated in the articles of incorporation. Cal. Bus. & Prof. Code § 17900(b)(3). A corporation that regularly transacts business in California for profit...

Governor Gavin Newsom recently announced the appointment of Commissioner Jan Owen's successor at the Department of Business Oversight:

This Thursday, I will be joining Michael Allen of the prominent Delaware law firm of Richards, Layton & Finger in providing a webinar on recent developments on California and Delaware corporate law. The webinar is sponsored by the Business Law...

A derivative claim is one brought by a shareholder on behalf of the corporation to recover for harm done to the corporation.  Cohen v. Mirage Resorts, Inc., 62 P.3d 720, 732 (Nev. 2003).  However, when a derivative action is initiated, the corporation...

Earlier this week, two senior officials at the Securities and Exchange Commission issued this statement elucidating a "framework for 'investment contract' analysis of digital assets".  The Framework applies the tripartite test fashioned by the United...

Much to the consternation of employers, the California Supreme Court last year adopted a three-factor test, known as the "ABC" test, for determining when a worker is an employee.  Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4...