Four years ago, I wrote about an unpublished decision by the Court of Appeal concerning shareholder inspection rights under the California General Corporation Law. The denouement of that opinion was that the shareholder was permitted to inspect...
When Does A Corporation Deny Inspection "Without Justification"?
Posted on December 20, 2022
California Supreme Court Allows Treble Damages For Improper Limited Partnership Distributions
Posted on July 22, 2022
Section 496(a) of the California Penal Code criminalizes the receipt of stolen property. Section 496(c) provides that a person injured by a violation of Section 496(a) may "bring an action for three times the amount of actual damages, if any,...
How To Confer A $6.9 Million Benefit For Less Than A Half Dollar
Posted on August 09, 2017
In March 2011, the three-member compensation committee of EchoStar Corporation awarded options to purchase 1.5 million shares of company stock to its Chairman, Charles W. Ergen. According to EchoStar's proxy statement for its 2012 annual meeting,...
Dismissal Based On Forum Non Conveniens Does Not Trigger Fee Shifting
Posted on April 07, 2017
California generally follows the "American Rule" with respect to attorney's fees. Trope v. Katz, 11 Cal.4th 274, 278 (1995). Under the American Rule, each party to a lawsuit must ordinarily pay his own attorney's fees. A contract may provide,...