Earlier this week, Stepanie Clifford, aka Stormy Daniels, filed a lawsuit against President Donald Trump in the Superior Court for the County of Los Angeles. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6, 2018). The complaint...
California Lawsuit Against President Trump Raises Issue Of Consent
Posted on March 08, 2018
If There Are No Minds, Can There Be A "Meeting Of The Minds"?
Posted on March 07, 2018
Old school lawyers are familiar with the notion that "the failure to reach a meeting of the minds on all material points prevents the formation of a contract even though the parties have orally agreed upon some of the terms, or have taken some...
Author Wagers Prize Linked Savings Accounts Are Not Lotteries
Posted on March 06, 2018
Recently, I wrote about Senator Josh Newman's attempt to legalize prize linked savings accounts in California. Senator Newman's bill, SB 1055, would allow a bank or credit union to offer prizes if, among other things depositors are not required to...
Court Presumes LLC Statute Applies Retroactively But Declines To Apply Statute Retroactively
Posted on March 05, 2018
Marlene Dietrich reportedly said "When you're dead, you're dead, thats it." At one time, that was true of limited liability companies formed under California's Revised Uniform Limited Liability Company Act.
Bill Seeks To Provide Remedy For Unlawful Use Of Personal Identifying Information In Business Filings
Posted on March 02, 2018
Identity theft, including business identity theft, is all too common. In its most straightforward form, the thief simply appropriates the identity of an individual or business and uses that identity to obtain goods, services, credit or personal...
How Could So Many Get This Supreme Court Case Wrong?
Posted on March 01, 2018
Try searching for "Supreme Court narrows" and you will find numerous law firm memos and and articles with the following headline (or something very close to it):
Court Finds Trader Joe's To Be A Stranger
Posted on February 28, 2018
To paraphrase Rudyard Kipling, tort is tort and contract is contract, and never the twain shall meet. Ballad of East and West ("Oh, East is East, and West is West, and never the twain shall meet, Till Earth and Sky stand presently at God’s great...
California Bill Seeks To Impose Disclosure Requirements On Commercial Lenders
Posted on February 27, 2018
I have often remarked that the California Financing Law (fka Finance Lenders Law) imposes virtually no substantive lending requirements. That will change if Steve Glazer succeeds in enacting SB 1235. This bill would require any person engaged in the...
Does The SEC Have A Duty To Correct Its Cybersecurity Statement?
Posted on February 26, 2018
Law firms and legal commentators have been churning out discussions of the Securities and Exchange Commission's Statement and Guidance on Public Company Cybersecurity Disclosures. Rather than simply regurgitate the statement, I will take issue with...
