The Jurisdictional Hole At The Center Of California's Proposed Decentralized Nonprofit Association Law

Yesterday's post focused on a California bill, AB 1229 (Haney), that would create a new Decentralized Nonprofit Association Law. Today's post drills down on what I see as fundamental flaw in the bill. In addition to defining a "Decentralized...

California Bill Would Create Decentralized Nonprofit Association Law

As discussed in this recent post, Judge Larry Alan Burns recently ruled that the plaintiffs in class action had adequately pled that a distributed autonomous organization (DAO) was a partnership under California law.  Sarcuni v. bZX DAO, 2023 WL...

California's Commercial Loan Disclosure Requirements May Be Unconstitutional And/Or Preempted

I have devoted several posts to a California commercial loan disclosure law that was enacted in 2018 - SB 1235 (Glazer). Although the bill became effective on January 1, 2019, lenders were not obligated to comply until the Department of Financial...

Is Falsifying A Business Record A Crime In California?

As has been widely reported today, a New York Grand Jury has indicted former President Donald J. Trump on multiple counts of "falsifying business records" in violation of New York Penal Law Section 175.10. That statute defines falsifying business...

Court Finds FAC Adequately Pled DAO Was A Partnership Under California Law

A Decentralized Autonomous Organization, or DAO, is a governance structure popular with devotees of cryptocurrencies and blockchain technologies.  It is decentralized because holders of tokens, rather than a board of managers, make decisions. See ...

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...