Doing The Math On Delaware Derivative Settlements

Last Friday, Delaware lawyer Francis G.X. Pileggi wrote about Vice Chancellor J. Travis Laster's recent decision to award more than $72 million in attorneys fees in costs in connection with the settlement of a derivative action challenging the...

What The Legislature Doesn't Know About Bees Could Fill A Blog

As a once and future beekeeper, I'm bemused by the California legislature's inept efforts to legislate apiculture. Section 29414 of the California Food & Agricultural Code, for example, defines "honeybees" as " honey-producing insects of the genus...

California's Other Investment Adviser Law

California's Corporate Securities Law of 1968 defines and provides for the comprehensive regulation of most, but not all, investment advisers. Some investment advisers are subject to an entirely different law found in the California Civil Code -...

Assembly Committee Seeks To Fix Securities Fraud Statute

Readers of this blog will be familiar with my criticism of the 2013 amendment of California's basic securities fraud statute, Corporations Code Section 25401.  See California Creates Complete Chaos By Rewriting Anti-Fraud Statute, But “We Are Against...

DBO Defeats Preliminary Injunction Files Suit Against Prorater

Last month, I wrote about Judge Lucy Koh's decision not to preliminarily enjoin the Department of Business Oversight's investigation of Nationwide Biweekly Administration, Inc. for unlicensed activity under California's Check Sellers, Bill Payers...

Shares "Of" Or "In" The Corporation?

A colleague recently asked: "Which is correct - shares in the corporation or shares of the corporation?"  There are two approaches to answering the question - prescriptive and descriptive.

SEC Is Sued Again For Doing Nothing

Yesterday, Broc Romanek wrote about a lawsuit filed earlier this week against the Securities and Exchange Commission due to its failure to respond to a petition asking the Commission to adopt political spending disclosure requirements.

SB 75 May Prove To Be Delaware's Seven Sisters

A century ago, New Jersey was the state in which to incorporate.  Long before former Iraqi President popularized the expression "Mother of Battles" ("Um El-Ma’arek"), the famed legal scholar Adolph A. Berle, Jr. bestowed the title of "mother of all...

CAFA Filings Spike in 2013