Does The State Make Or Beget Corporations?
Posted on March 22, 2024

To non-lawyers, a "person" is usually understood to refer to a human being.  At law, entities such as corporations and limited liability persons are often endowed with personhood.  See, e.g., Cal. Corp. Code § 18 ("'Person' includes a corporation as...

Court Finds Presentation To Regulators Was An Official Proceeding And Why That Is Important
Posted on January 26, 2024

California's Anti-SLAPP statute is intended to cut short lawsuits "brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition . . .". Cal. Code Civ. Proc § 425.16(a) Application of the statute...

Nevada Supreme Court Finds CEO's Statements To Shareholders, Directors And Officers May Be Protected Activity
Posted on December 04, 2023

Nevada, like California, has enacted an anti-SLAPP law that is intended to protect citizens' First Amendment rights to petition the government for redress of grievances and to free speech by limiting the chilling effect of civil actions that are...

In This Case, "Primarily" Means A Small Fraction
Posted on October 24, 2023

In a state that classifies clams, crabs and bumblebees as "fish", the ruling in BioCorRx, Inc. v. VDM Biochemicals, Inc., Case No. G061535 (Oct. 23, 2023) should come as no surprise. The issue in the case was th "commercial speech" exception to...

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