Alleged Corporate Murder Merits A Jury Trial

"Murder most foul, as in the best it is.But this most foul, strange and unnatural."*

A New GC For The DFPI

Last Friday, California Governor Gavin Newsom announced the appointment of Avyark “Avy” Mallik as General Counsel at the California Department of Financial Protection and Innovation.    Most recently, Mr. Mallik served as Director of Fintech Policy...

California Greenhouse Gas Emissions Bills Fails Passage

On the last day of the the current biennium, the California Assembly refused passage of SB 260.  This bill would have required large companies to report annually on their greenhouse gas emissions. Despite significant opposition, the bill had moved...

Is A Spouse Required To Give Prior Notice When A Business Sells All Or Substantially All Of Its Assets?

Section 1100 (d) of the California Family Code provides that, subject to two exceptions, "a spouse who is operating or managing a business or an interest in a business that is all or substantially all community personal property has the primary...

Does A California Corporation Have The Power To Indemnify Corporate Employee Benefit Plan Fiduciaries?

Section 317 of the California Corporations Code authorizes, limits and  in one circumstance even mandates the indemnification of a person by reason of the fact that the person is, or was, an "agent" of the corporation.   The statute defines "agent" as "

Are Religious Corporations Constitutional?

Like Gaul, the California Nonprofit Corporation Law has three major parts ("Gallia est omnis divisa in partes tres'). These three parts govern the formation and operation of three different types of nonprofit corporations: public benefit (Part 2),...

Court Finds No Right To Prejudgment Interest In Buy-Out Of Shares

Section 1800 of the California Corporations Code authorizes specified persons to file a complaint for involuntary dissolution of the corporation based on specified grounds. Section 2000 provides an "escape hatch" by which involuntary dissolution may...

DFPI Charges Digital Asset Company With More Than 50,000 CFL Violations

Yesterday's post concerned a bill pending in the California legislature that would impose a licensing requirement on persons engaging in "digital financial asset business activity", or holding itself out as being able to engage in "digital financial...

California Bill Would Regulate Digital Financial Assets, But Leaves Status Under Securities Laws Unanswered

In June, I reported that Assemblymember Grayson had gutted and amended AB 2269 to establish a "Digital Financial Assets Law" to be administered by the Department of Financial Protection & Innovation. The bill was amended earlier this week to, among...