Delaware's Immodest Embrace Of The Internal Affairs Doctrine

As a voice crying in the wilderness, I have for many years proclaimed that the internal affairs doctrine is not as all-encompassing as Delaware and its devotees would like to believe. The limitations on the internal affairs doctrine are particularly...

Nevada Legislature Mulls Creation Of Fund For Victims Of Securities Fraud

It is an odd-numbered year and this means that the Nevada legislature is back in Carson City for its 82nd session.  One of the bills that it will be considering is AB 67 which would create a restitution fund for some, but not all, victims of...

Can Nonprecedential Decisions Be Relied Upon?

Yesterday's post noted that an administrative decision had not been listed as a "precedent decision".  Today's post will delve into the role of precedential and nonprecedential agency decisions.

Legislator Proposes To Expand CFL To Encompass "Commercial Brokers"

The California Financing Law currently requires the licensing of "finance lenders" and "brokers".   Cal. Fin. Code § 22100.  A "finance lender" is defined to include "any person who is engaged in the business of making consumer loans or making...

Do Issuers Fail To File Form Ds Because They Fear Trolls?

A new paper ostensibly connects the dots between failing to file a Form D, as required by Regulation D, and "patent trolls".   A "patent troll" is a company, typically that does not produce any product or provide any service, that purchase patents for...

Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws

When a judgment creditor sought delivery of her debtor’s Oscar statuette, under the Enforcement of Judgments Law (EJL). (Code Civ. Proc., § 680.010 et seq., the Academy of Motion Picture Arts and Sciences ("AMPAS") intervened.  Juarez v. Ward, 2023...

DFPI Announces Launch Of "Crypto Scam Tracker"

Last week, the California Department of Financial Protection & Innovation announced that it has launched a "Crypto Scam Tracker".  According to the DFPI, the Crypto Scam Tracker is "a database that is searchable by company name, scam type, or...

More Than Four Score Law Firms File Amicus Brief Opposing SEC Assault On Client Confidentiality

In several recent posts, I have discussed Covington & Burling LLPs opposition to an SEC subpoena demanding that the law firm "name names".  See SEC Suit AgainstCovington& Burling Threatens More Than Attorney-Client Privileged Information, SEC...

Why "Laying Down The Law" Is Redundant

The word "law" is ultimately derived from the plural form of the Old Norse word lag which had the sense of laying in order.  The Old Norse word became the Old English word for law, lagu.  Thus, the phrase "laying down the law" essentially means to lay...