Nevada Enacts Changes To Business Records and Notice Requirements
LLCs May Have An Occupation But Usually Not A Profession

California requires a permit, license or registration to engage in a wide variety of activities.  The CalGOLD (California Government On-line to Desktops) website allows you to search 147 different business types that require some form of permit,...

SEC Argues That Sales Of Hotel Rooms Are Sales of A Security

In June, I wrote this post about U.S. District Court Judge Dana Sabraw's opinion in Salameh v. Tarsadia Hotels, 2011 U.S. Dist. LEXIS 30375. The case involved the question of whether ownership interests in individual units of the Hard Rock Hotel San...

Court To Decide CalPERS' Demurrer Today

On April 19, 2011, this petition for a writ of mandamus was filed against the CalPERS Board of Administration, its President (Robert Feckner), and its Chief Executive Officer (Anne Stausboll) for allegedly laundering the salary of a receiver, J....

One May Be The Loneliest Number But It's Not A Partnership

Yesterday, a California Court of Appeal concluded that the idea of a one person partnership under the Revised Uniform Partnership Act has as much reality as a number whose square is a negative number.  Corrales v. Corrales involved two brothers who...

California Employers And Employees May Soon Be Able To Choose Any Forum/Law/Venue They Want So Long As It's California

Recess Is Almost Over

Court Decides Buy-Out Claims Are Derivative

When a shareholder sues corporate officers and directors, she must decide whether to bring a direct action (which may be a class action) or a derivative suit. The consequence of making the wrong decision may be dismissal of the shareholder's suit as...

Political Spending Disclosure - Interest Does Not Equal Majority Support

Last week, a group of ten eminent academics filed this petition asking the Securities and Exchange Commission to develop rules requiring public companies to disclose to shareholders the use of corporate resources for political activities. I believe...

TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses

California Business and Professions Code Section 16600 provides that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."  As discussed in this legal alert, the...