Governor Proposes To Increase In DFPI Spending

Yesterday, Governor Gavin Newsom met the constitutional deadline for submitting a proposed budget. Cal. Const. Art. IV, § 12(a). The release of the budget kicks of a prolonged legislative process. In the next several weeks, the budget committee...

Will California's Proposed Corporate Climate Accountability Act Harrow Small Businesses?

Last March, I took note of SB 260, a bill that would enact the California Corporate Climate Accountability Act.  If enacted, the CCAA would require the State Air Resources Board to promulgate regulations requiring greenhouse gas emission disclosures...

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 ...