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How An $80 Mistake Led To $2,250 In Damages And More Than $86,000 In Attorney's Fees

Section 202(a) of the California Labor Code requires an employer to pay all wages within 72 hours when an employee resigns without notice.  In one recent case, the employer sent the requisite check on time, and the amount stated in numerals on the...

California Sui Generis

What Can Be Done When Shareholders Can't Be Found Or Creditors Won't Accept Payment

What is a corporation to do when:

  • A shareholder is unknown;
  • A shareholder fails or refuses to accept their payment, dividend, or distribution in cash or property;
  • A shareholder's whereabouts cannot be ascertained after diligent inquiry;
  • The...

Corporate Governance

In California, Even Infants Can Vote!

The 26th Amendment to the United States Constitution provides: "The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age".  The...

Ninth Circuit Finds California's Ban On Non-Compete Agreements Can Extend To Substantial Professional Restraints

California, unlike other states, takes an absolutist view of covenants not to compete.  Section 16600 of the Business and Professions Code declares, with certain exceptions, "every contract by which anyone is restrained from engaging in a lawful...

Non competition agreements

Will Delaware's New Voluntary Certification Act Lead To California Lawsuits?

As explained in this memorandum by Richards, Layton & Finger, PA, Delaware recently enacted the Delaware Certification of Adoption of Transparency and Sustainability Standards Act.  This legislation will allow a Delaware entity to signal its...

conflict of laws

In California, Corporations Can Be Individuals Too

Many were upset with the U.S. Supreme Court's decision in Citizens United v. Federal Election Commission,  Citizens United v. FEC, 558 U.S. 310 (2010).  The California legislature was so upset that it passed a resolution memorializing its...

Corporate Securities Law

Drinking May Have Dethroned His Reason And His Gaming Debt

Suppose you had just lost a $1 million gambling in Las Vegas.  The wise thing to do would be to stop, but you don't.  The house accommodates you by extending another million dollars in "credit" for which you sign markers.  Unfortunately, luck is not...

Nevada Supreme Court

Implied Private Right Of Action And The Corporate Securities Law of 1968

Section 25235 of the California Corporations Code declares that is unlawful for an investment adviser to engage in a number of specified activities, including employing "any device, scheme, or artifice to defraud any client or prospective client". ...

Investment Advisers

Court Of Appeal Finally Notices That Section 2116 Says Not A Word About Officers

Section 2116 of the California Corporations Code generally provides that the directors of a foreign corporation transacting intrastate business in California will be liable for a violation of official duty according to any applicable laws of the...

These Officials Live On In Statute

I always find outdated statutory references to be annoying, particularly when I'm dealing with a statutory scheme for the first time.  I recognize that the fun of legislation lies in writing new laws, but with the power to make law should come the...

California Corporations Code

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
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