California Corporate & Securities Law

In S.E.C. v. Jarkesy,2024 WL 3187811 (June 27, 2024), the United States Supreme Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment to the U.S....

Both the legal and popular presses have been abuzz about the Supreme Court's overruling of the Chevron Doctrine.  Loper Bright Enterprisesv.Raimondo and Relentless Inc.v.Department of Commerce, 2024 WL 3208360 (June 28, 2024). According to my...

In March 2023, the California Department of Financial Protection & Innovation proposed to adopt numerous regulations to "implement, interpret, and make specific registration requirements for covered persons under the California Consumer Financial...

As a former teacher of Administrative Law, I am interested in a recent request to the California Attorney General for an opinion whether the California Office of Tax Appeals has the authority to declare regulations adopted by another state agency to...

When the Securities and Exchange Commission proposed to adopt a rule a rule requiring issuers to report day-to-day share repurchase data once a quarter and to disclose the reason why the issuer repurchased shares of its own stock, I submitted a ...

California Assemblymember  Brian Maienschein has introduced a bill, AB 853, that seemingly would impose a notification burden on just about anyone anywhere:

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  Today's post will delve into the role of precedential and nonprecedential agency decisions.

Some readers may recall that two years ago the Office of the Comptroller of the Currency adopted a "true lender" rule.  That rule The rule specified that a bank makes a loan and is the true lender if, as of the date of origination, it (1) is named...

As has been noted over the years in this space, California strictly prohibits "underground regulations". These are regulations adopted and enforced by state agencies without complying with the public notice and comment requirements of the California...