Dodge v. Ford Motor Co. May Still Be "Good Law" In Michigan, But What About California?

Professor Stephen Bainbridge recently controverted the following assertion that Dodge v. Ford Motor Co. does not represent the law of Michigan: 

A New Year Has Begun, Time To Get Started On Last Year's Annual Report

Ladies and Gentlemen, Start Gathering Your Data!

Confusion Abounds Over Scope Of Debt Collection Licensing Act

California's new Debt Collection Licensing Act, Cal. Fin. Code § 100000 et seq., took effect on January 1, 2022. However, the legislature's inartful and inconsistent draftsmanship has resulted in a great deal of uncertainty over who exactly must be...

Howsoever Denominated, This Was Not Promissory Fraud

Parties exchange drafts of a contract and before signing one party surreptitiously substitutes provisions in the copy to be executed.  Some might call this "promissory fraud", but as Justice William Dato explains in an opinion published yesterday,...

California Bids Adieu To Its Tiniest De Minimis CFL Exemption

The California Financing Law prohibits any person from engaging in the business of a finance lender without first obtaining a license from the Commissioner of Financial Protection & Innovation. Cal. Fin. Code § 22100(a). The CFL defines "Finance...

If Form 10-K Statements Are "Protected Activity", What About Form 8-K and 10-Q Filings?

Yesterday's post concerned the California Court of Appeal's holding that statements made in a Form 10-K were "protected activity" under California's Anti-SLAPP statute because they were made "in connection with an issue under consideration or review...

Court Holds Form 10-K Statements Constitute "Protected Activity"

Under California's Anti-SLAPP law, a defendant may bring a special motion to strike any cause of action "arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the ...

NMLS Slowdown Frustrates Debt Collector License Applicants As Application Deadline Looms

California had been one of 16 states that did not require licensing of debt collectors.  That changed last year with the enactment of the Debt Collection Licensing Act.  2020 Cal. Stats. ch. 163 (SB 908). The law takes effect on New Year's Day. The...

Could The SEC Have Made A Weaker Case For Mandating Enhanced Repurchase Disclosures?

Earlier this month, the Securities and Exchange Commission proposed rule amendments that would require an issuer, including a foreign private issuer and certain registered closed-end funds, to report any purchase made by or on behalf of the issuer...