California Corporate & Securities Law

All fees, reimbursements, assessments, and other money or amounts charged and collected by the Department are required to be deposited into the the State Corporations Fund. Cal. Gov't Code § 13978.6(b). The legislature created the fund to...

Much of the focus of securities litigation is on the liability of sellers, but what about buyers?  Can buyers prevaricate with impunity?

The last agenda item for Monday's meeting of the Investment Committee of the Public Employees' Retirement System was an ongoing "Discussion of Investment Beliefs". No, this wasn't a theological discussion. For the last two years, the CalPERS...

Section 15 of the Securities Act of 1933 imposes liability on control persons for violations of Sections 11 and 12 of that act. Section 25504 of the California Corporations Code imposes liability on persons who control persons liable under either...

This weekend, I watched the Oregon Shakespeare Festival's production of  King Lear in beautiful Ashland, Oregon.  Thus, my thoughts are on the Bard today.  It turns out that the play is no stranger to several recent California opinions.

In this November of 2010 post, I considered whether venue selection agreements are valid in California.  I noted that the California Supreme Court had held that venue selection provisions are void. General Acceptance Corp. v. Robinson, 207 Cal. 285,...

Last week, I was in Washington D.C. where I served as the moderator of a panel discussion on current securities law issues for small business. As part of my presentation, I discussed the following list of securities transactions that have not been...

California's Statutory Prohibition on Forced Patronage

In Delaware Court of Chancery “Overrules” Federal Court, I discussed Vice Chancellor J. Travis Laster's opinion in Louisiana Municipal Police Employees’ Retirement System v. Pyott, C.A. No. 5795-VCL (Del. Ch. June 11, 2012). In that opinion, the...