Contact us with your California corporate & securities law questions (949) 353-6347 or Contact us here

Court Finds Tort Claims To Be Covered By Forum Selection Agreement

Contractual forum selection provisions are often broadly written so as to encompass not just claims involving enforcement of the contract but claims arising out of or related to the contract.  But how far do these clauses reach?  In the case of ...

tortious interference, Choice of Law/Conflict of Law, forum selection, Laboratory Specialists International, Shimadzu

Does ISS' Voting Recommendations Reflect Analysis Or Consensus?

I always appreciate comments from readers of this blog.  One reader responded to yesterday's post concerning ISS opposition to classified boards: "You seem to be under the impression that ISS comes up with its guidelines through academic research. ...

policy updates, Corporate Governance, alma cohen, Classified Board, cremers, declassification, Institutional Shareholder Services, ISS, lucian bebchuk, sepe

Is ISS A Board Declassification Denier?

Institutional Shareholder Services (aka ISS) recently published its 2018 Americas Proxy Voting Guidelines Update.  Among other changes, ISS will now recommend a vote against or withhold from the entire board of directors (except new nominees,...

Corporate Governance, proxy voting guidelines, Classified Board, declassify, Institutional Shareholder Services, ISS

Is Every Agent A Fiduciary?

In common parlance, a fiduciary is someone you can trust.  The word itself is related to the Latin word, fidere, meaning to trust.  We name our dogs "Fido" because dogs are trustworthy companions.  For example, a dog named Hachiko (忠犬ハチ公) faithfully...

Restatement (Third) of Agency, Corporate Governance, Agent, Civil Code, fiduciary, Section 2295, Section 2322

Shareholders Sues Officer Of Delaware Corporation In California State Court, Should Texas Law Apply?

Yesterday's post discussed one aspect of the California Court of Appeal's opinion in Central Laborers' Pension Fund v. McAfee, Inc., 2017 Cal. App. LEXIS 1008.  The case arose from Intel Corporation's acquisition of McAfee, Inc., a Delaware...

McAfee, officers, Corporate Governance, Central Laborers, Choice of Law/Conflict of Law, Section 2116

Court Of Appeal Finds No Right To Jury In Shareholder Class Action

In several blog posts, I have commented on the right to a jury trial under California law.  This may seem like an inapposite subject for a blog devoted to corporate and securities law issues.  Nonetheless, I have prognosticated that the right to a...

legal, McAfee, merger, Securities Litigation, Bylaw, Central Laborers' Pension fund, Delaware law, equitable, forum selection, Intel, internal affairs doctrine, jury trial

California Securities Law Claims Founder On Personal Jurisdiction

Establishing personal jurisdiction may seem mundane, but without it a plaintiff may soon find itself out of court, as did the plaintiff in Marshall v. Galvanoni, 2017 U.S. Dist. LEXIS 185530.

In Marshall, the plaintiff sued a half dozen companies...

California Securities Laws, Marshall v. Galvanoni, personal jurisdiction, scienter, Judge Gonzalo P. Curiel, Judge Kimberly J. Mueller, Section 25401

Judge Rules Internal Affairs Doctrine Governs California Insider Trading Statute

As I have mentioned on numerous occasions, California has its own insider trading statute - California Corporations Code Section 25402.  The statute is included in the California Corporate Securities Law of 1968.  In general, the jurisdiction of...

California Securities Laws, Friese v. Superior Court, derivative, In re Sagent Technology, Insider Trading, internal affairs doctrine, Jon Tigar, Section 2116, Section 25402, Wells Fargo

Do You Have To Be Old To Be A Veteran?

On Saturday, the country honored its veterans.  November 11 was originally designated as "Armistice Day" in recognition of the date on which fighting in the First World War ended.  It became a legal holiday in 1938, only a few years before the...

Legal History, Military & Veterans Code, November 11, Armistice Day, Dwight Eisenhower, Veteres

Judge Alex Kozinski On Debt Versus Equity

Judge Alex Kozinski succinctly frames the debt versus equity battle in this opinion issued yesterday:

It’s a timeless and tiresome question of American tax law: Is a transaction debt or equity?  The extremes answer themselves.  The classic equity...

Uncategorized, alex kozinski, debt versus equity, hewlett-Packard v. Commissioner

1 ...
2 3 4 5 6

ANY QUESTIONS REGARDING CALIFORNIA CORPORATE AND SECURITIES LAW? CONTACT US DIRECTLY

We offer expert advice with the intricacies of California law.

Our years of experience and expertise allow us to help clients navigate the business laws in California.

CONTACT US

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
Learn More About Keith

nominee-badge

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

CATEGORIES

see all

RECOGNITION

YOUTUBE

FACEBOOK