California Corporate & Securities Law

Nearly one year ago, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner). The bill, which was enacted in 2015 and took effect last year, created a new exemption from the broker-dealer...

California Code of Civil Procedure Section 367 requires that every action must be prosecuted in the name of the real party of interest. What happens when a plaintiff sues under a fictitious business name of a dissolved foreign limited liability...

"Congress shall make no law . . . abridging the freedom of speech . . . ."

Insider trading cases remind me of the following joke attributed to stand-up comic Steven Wright:

The answer to this question in Nevada may soon be an unequivocal "no".  Last week, the Nevada Legislature unanimously passed SB 203 and sent it to Governor Brian Sandoval for signature.  Among other things, Section 2 of SB 203 declares:

A lot of things in life may upset you. One these might be discovering that you have been improperly appointed as an agent for service of process, director or officer of a California corporation. Corporations Code Section 1503(b) somewhat oddly...

I didn't take note of AB 1535 (Maienschein) when it was introduced earlier this year because I thought it was a "spot" bill.  See "See Spot Run". As introduced, the bill simply added "which may include a reference to a separate shareholder agreement"...

Here is the question:

In Brady v. Maryland, 373 U.S. 83 (1963), the Supreme Court held that the prosecution has a duty under the Fourteenth Amendment's due process clause to disclose evidence to a criminal defendant. The former Chief Executive Officer of IAR Systems...