California Corporate & Securities Law

If you are in the business of making loans in California, there's a good chance that you need a license. Some lenders are licensed under the Real Estate Law while others are licensed under laws governing banks, credit unions or residential mortgage...

In 1999, the legislature enacted SB 105 (Burton) which obligates CalPERS and CalSTRS to support, whenever feasible, shareholder resolutions at domestic and international corporations in which those funds have invested that are designed to encourage,...

Corporations Code Section 25234 generally prohibits an investment adviser registered in California to be compensated on the basis of a share of capital gains. This prohibition is analogous to the prohibition found in Section 205(a)(1) of the...

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,...