Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law

A New York state of mind, but California dreaming

Must A False Statement To A Franchisee Be Made "In this state"?

The list of instruments and interests included within the definition of a "security" in California Corporations Code Section 25019 is long. A franchise, however, is not to be found amongst the named. In fact, the statute specifically excludes a...

Will Congress Deep Six The SEC's Resource Extraction Rule?

In December of last year, I wrote about how the Securities and Exchange Commission's Resource Extraction Rule might meet an untimely end.  See There’s Still Time For Congress To Void The SEC’s Resource Extraction Rule (Dec. 14, 2016). The rule, Rule...

Court Rules Plaintiff Is Not Required To Advance Defendant's Legal Expenses

Imagine how frustrated you would be if you sued someone and the defendant responded by demanding that you advance his legal expenses in defending your lawsuit.  The plaintiff in Allergia, Inc. v. Bouboulis, 2017 U.S. Dist. LEXIS 7759 (S.D. Cal. Jan....

Will The Bureau Of Real Estate Get A Promotion?

 "Not since Clytemnestra and Agamemnon has there been such a mismatch."

The Right To Dissent And Fractional Shares

I've devoted several posts to how California's General Corporation Law deals with fractional shares. Nevada's approach to fractional shares is somewhat different. For example, Nevada permits rounding up to a full share in all cases. NRS...

SEC Continues To Pay Out Millions In Secrecy

Earlier this week, the Securities and Exchange Commission announced awards to three whistleblowers totaling more than $7 million.  That is about all anyone can say about the awards.  The SEC's order is only 448 words long, including numerous...

How Independent Is The SEC And How Independent Should It Be?

Can the President say "You're Fired!" to an SEC Commissioner?

The DBO As Religious Regulator

In December last, the Department of Business Oversight published the 2016 Commissioner’s Report on the Offer or Sale of Securities by Permit under Corporations Code Section 25113. This report, which is required by California Corporations Code...