California Asymmetrical Approach To Non-Competes

One unintended consequence of California's voiding of many non-compete agreements is that it puts California employers at a disadvantage with respect to employee recruitment. Employers in other states are free to hire away employees in California...

Is A Biker Gang A "Person"?

Mongol Nation is an unincorporated association whose members include the official, or "full-patch," members of the gang. The U.S. government has been prosecuting the gang since at least 2008 and has obtained convictions of more than 70 individual...

Bill Would Authorize Disbarment Of Attorneys Who Enter Into Non-Competes With Their Employees

California lawyers are well aware of this state disfavors covenants not to compete.  California Senator Kevin McCarty would like to increase the level of hostility by adding a provision to the Business & Professions Code prohibiting employers from ...

The Superior Court Has The Authority To Determine The Validity Of Board Elections, But What About Recalls?

Section 709 of the California Corporations Code provides a mechanism for "any shareholder" or "any person who claims to have been denied the right to vote" to obtain a determination by the Superior Court of the validity of any election or...

California Bill Banning Foreign-Influenced Business Entity Contributions Advances Despite Dubious Constitutionality

Last December, I wrote about AB 83 (Lee & Kalra), which would enact the "Get Foreign Money Out of California Elections Act". The California Political Reform Act already forbids a foreign government or foreign principal from making any contribution,...

First A Failed Bank, Now A Spoofed Bank

The closure of Silicon Valley Bank has understandably attracted a lot of attention. There are, however, other ways to lose money when banking. The California Department of Financial Protection & Innovation recently issued the consumer alert, which I...

California Proposes Its Own Corporate Transparency Act For Non-California Corporations And Limited Liability Companies

Earlier this week, Senator Melissa Hurtado amended her placeholding bill, SB 738, to flesh out her proposed Corporate Transparency Act. As amended, the bill would require foreign corporations that register to transact intrastate business with the...

What Was The DFPI's Role In Failure Of Silicon Valley Bank?

Silicon Valley Bank was chartered by the State of California and was subject to the supervision of the California Department of Financial Protection & Innovation. The DFPI was not the bank's regulator. The bank had adopted a bank holding company...

Government Censorship By Proxy?

Last week, I wrote about an unsuccessful challenge to the activities of the Office of Elections Cybersecurity within the California Secretary of State's office: Is The California Secretary of State Monitoring What You Publish Online?  In that case, ...