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Nevada Supreme Court Addresses Nationwide Non-Compete

Given California's hostility to non-compete agreements, it is easy to lose sight of the fact that other states don't have the same attitude.  In neighboring Nevada, the courts will look to whether the restraint on competition in reasonable.  A...

Non competition agreements

Fairness Hearings Are Not Just For Merger Transactions

Section 3(a)(10) of the Securities Act provides an exemption from Securities Act registration for offers and sales of securities in specified exchange transactions.  There are several conditions to the exemption, including the requirement that a...

Corporate Securities Law

LLCs Are Found In The Corporations Code But They Are Not Corporations

As one might expect, the California Corporations Code includes California General Corporation Law.  The Corporations Code covers a lot more than corporations, however.  It includes, for example, California's partnership, limited partnership, and...

Limited Liability Company

Can An Employee's Labor Be Stolen Property?

Section 496 of the California Penal Code makes it a crime to receive stolen property.  Any person who has been injured by a violation of the statute may bring an action for three times the amount of actual damages, if any, costs of suit, and...

Labor Code

Six Years Ago, I Said This Was A Mistake And Now The Legislature Agrees

Six years ago, I opposed Governor Brown's reorganization plan that, among other things, resulted in the creation of the Bureau of Real Estate within the Department of Consumer Affairs:

"Although the DRE issues professional licenses, it is...

department of real estate

How An $80 Mistake Led To $2,250 In Damages And More Than $86,000 In Attorney's Fees

Section 202(a) of the California Labor Code requires an employer to pay all wages within 72 hours when an employee resigns without notice.  In one recent case, the employer sent the requisite check on time, and the amount stated in numerals on the...

California Sui Generis

What Can Be Done When Shareholders Can't Be Found Or Creditors Won't Accept Payment

What is a corporation to do when:

  • A shareholder is unknown;
  • A shareholder fails or refuses to accept their payment, dividend, or distribution in cash or property;
  • A shareholder's whereabouts cannot be ascertained after diligent inquiry;
  • The...

Corporate Governance

In California, Even Infants Can Vote!

The 26th Amendment to the United States Constitution provides: "The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age".  The...

Ninth Circuit Finds California's Ban On Non-Compete Agreements Can Extend To Substantial Professional Restraints

California, unlike other states, takes an absolutist view of covenants not to compete.  Section 16600 of the Business and Professions Code declares, with certain exceptions, "every contract by which anyone is restrained from engaging in a lawful...

Non competition agreements

Will Delaware's New Voluntary Certification Act Lead To California Lawsuits?

As explained in this memorandum by Richards, Layton & Finger, PA, Delaware recently enacted the Delaware Certification of Adoption of Transparency and Sustainability Standards Act.  This legislation will allow a Delaware entity to signal its...

conflict of laws

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ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
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