Plaintiffs Prevail In Constitutional Challenge To California Board Quota Law

This afternoon, Judge Terry Green granted the plaintiff's summary judgment motion in a case challenging the constitutionality of AB 979.  Crest v. Padilla, LA Super. Ct. Case No. 20STCV37513.  AB 979 is a California law that purports to require...

Does Improving CalPERS' Returns Justify State Mandated Discrimination?

We may learn as early as today whether a pending constitutional challenge to AB 979 will be going to trial in May. AB 979 is California's law requiring publicly held domestic and foreign corporations having their principal executive offices in...

Legislator Proposes To Expand Definition of "Director From An Underrepresented Community"

Enacted in 2020, AB 979 requires publicly held domestic or foreign corporations having their principal executive offices in California to have specified minimum numbers of directors from "underrepresented communities". Cal. Corp. Code §§ 301.4 &...

California Enacts Temporary, Yet Urgent, Law Allowing Virtual Only Shareholder Meetings

Last year, the California legislature enacted AB 663 (Chen) in order to provide California corporations with greater flexibility to hold virtual-only meetings of shareholders. Among other things, AB 663 amended Corporations Code Section 600(e) to...

California To Transition To Enhanced Bizfile

The Business Programs Division is the largest division of the California Secretary of State's office. Each year, the Business Programs Division processes millions of business filings and information requests each year. Recently, the Division...

California Court Of Appeal Finds Caremark To Be Too Steep A Hill For Plaintiff To Climb

In January 2018, the media began reporting on two security vulnerabilities affecting Intel Corporation's microprocessors - dubbed "Spectre" and "Meltdown". Following these disclosures, Intel's stock price fell and its market capitalization declined...

The SEC's Brobdingnagian Climate Change Disclosure Rule Proposal

Earlier this week, the Securities and Exchange Commission issued a proposed rule change that would require companies to make specific climate-related disclosures when filing a Securities Act or Exchange Act registration statement or an Exchange Act...

DFPI Sees Few Problems With NMLS Transition, Do My Own Eyes Deceive Me?

March 15 was the deadline established by California's Department of Financial Protection & Innovation for licensees under the California Financing Law to transition to the Nationwide Multistate Licensing System. I recently asked the DFPI about the...

On Hearing That The Students Of Yale Law School Have Joined the Agitation Against A Civil Liberties Debate

On Monday, March 21, 2022, The Wall Street Journal editorialized on the following email penned by Senior Judge Laurence Silberman of the Court of Appeals for the D.C. Circuit: