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Renegotiating A Limited Partnership Or LLC Agreement?  Don't Forget The California Corporate Securities Law

Twice-Sold Sales?

Many lawyers may not realize that an issuer can sell a security even after it has sold that security to an investor.   California Corporations Code Section 25017(a) defines "sale" to include any change in the rights, preferences,...

California Securities Laws

Bharara Task Force Overlooks California Insider Trading Statute

I have long advocated for a federal statutory definition of insider trading because I believe that the current approach has been for the courts to convict first and then explicate the theory supporting the conviction in a later appellate opinion. ...

California Securities Laws

Court Finds Film Investor's Lawsuit Targeted Defendants' Free Speech Rights

The introductory paragraph in Ojjeh v. Brown, 2019 Cal. App. LEXIS 1304, suggests that the case may involve allegations of securities fraud:

"Defendants Stephen Brown (Brown) and Ignite Channel, Inc. (Ignite) solicited and obtained $180,000 in...

California Securities Laws

Why Your Next Director Might Not Be An LLC

From time to time the question arises about whether a limited liability company, corporation or some other form of entity might serve as a director.  This is, in fact, a question that I tackled four years ago in this post.  The short answer is that...

California Securities Laws

Cryptocurrency Is Now A Cartoon

For those still in the dark about cryptocurrency, the North American Securities Administrators Association (aka NASAA) has released an animated video on the subject.  According to NASAA, the video " focuses on concerns individuals should consider...

California Securities Laws

Does The Sheriff Need A Permit To Sell Shares?

Last week, I wrote about a recent Court of Appeal decision allowing for the possibility that a sale of shares at a sheriff's sale could amount to conversion.  Duke v. Superior Court, 2017 Cal. App. LEXIS 1116.  A fundamental principle underlying the...

California Securities Laws, nonissuer transaction, reeve, Shire, Magna Carta, Section 25011, Section 25104(f), Section 25130, sheriff's sale

Did The Legislature Grant A License To Lie To The Cannabis Industry?

An entire division of California's Business & Professions Code is devoted to a single plant genus - Cannabis.  The official name of the division is the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" aka the MAUCRSA.  Bus. & Prof. Code...

Bus. & Prof. Code, California Securities Laws, cannabis cooperative, Corporate Securities Law, association, Business and Professions, exemption, marijuana, MAUCRSA, Section 26000, Section 26228

Of Touting, Tweets and Advertising

Last month, the Securities and Exchange Commission issued this public statement warning about touting of securities by celebrities:

Celebrities and others are using social media networks to encourage the public to purchase stocks and other...

advertising, California Securities Laws, compensation, Section 25300, securities, Rule 260.302, SEC, Section 17(b), Section 25002, stocks, touting, tweeting

California Securities Law Claims Founder On Personal Jurisdiction

Establishing personal jurisdiction may seem mundane, but without it a plaintiff may soon find itself out of court, as did the plaintiff in Marshall v. Galvanoni, 2017 U.S. Dist. LEXIS 185530.

In Marshall, the plaintiff sued a half dozen companies...

California Securities Laws, Marshall v. Galvanoni, personal jurisdiction, scienter, Judge Gonzalo P. Curiel, Judge Kimberly J. Mueller, Section 25401

Judge Rules Internal Affairs Doctrine Governs California Insider Trading Statute

As I have mentioned on numerous occasions, California has its own insider trading statute - California Corporations Code Section 25402.  The statute is included in the California Corporate Securities Law of 1968.  In general, the jurisdiction of...

California Securities Laws, Friese v. Superior Court, derivative, In re Sagent Technology, Insider Trading, internal affairs doctrine, Jon Tigar, Section 2116, Section 25402, Wells Fargo

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
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