In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity. By statute, the OEC has a duty “[t]o monitor and counteract false or misleading...
The big financial news on Friday was the failure of Silicon Valley Bank. According to the DFPI's order, an announcement of a capital raise by the bank triggered a run on the bank:
Despite the bank being in sound financial condition prior to March...
Lenders and brokers licensed under the California Finance Lenders Law must file an annual report by the Ides of March (i.e., March 15) of each year. Cal. Fin. Code § 22159. This is a hard deadline and the Department of Financial Protection &...
Last November, I questioned whether Mallory v. Norfolk Southern Railway Co., U.S. S. Ct. Case No. No. 21-1168 will wipe out Delaware's hegemony over corporate litigation. In a recent post, Professor Josh Blackman considers Mallory in light of the...
Several years ago, I wrote about the various meanings of "person" in the California Corporations Code. All of the definitions mentioned in that post included corporations within the list of persons. If a corporation is a person, is it also an...
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...
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...
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 Today's post will delve into the role of precedential and nonprecedential agency decisions.
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...