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Why California Can't Buy Stock

If you are looking to sell shares in your company to the State of California, you might want to reconsider.  Article XVI, Section 17 of the California Constitution expressly forbids the state from subscribing to, or being interested in the stock of...

California Sui Generis

Forsooth, Today Divides The Month

Today is, of course, the Ides of March.  The word "ides" is derived from the Latin word for the 15th of the month in March, May, July and October and the 13th in the other months.  The Latin word is derived from the still older Etruscan word meaning...

California Sui Generis

Time To Update Language Found In Most California Settlement Agreements

When settling claims, California lawyers will typically include a waiver of Civil Code Section 1542.  That statute generally provides that a general release does not extend to claims not known or suspected to exist at the time of executing the...

California Sui Generis

California Court Tackles Question Of When An Amendment Is A New Agreement

The parties to an agreement agree upon a change to the terms.  Should the change be labeled an "amendment" or a "new agreement".  Often this will simply be a question of nomenclature.  Sometimes, however, more the difference between an amendment and...

California Sui Generis

Test Your Knowledge Of California Corporate Law!

Over the years, I've made mental notes of some obscure California corporate law questions.  Can you identify the following types of corporations corporations?

  • At least five persons are required to form this type of corporation.  
  • Within six months...

California Sui Generis

How An $80 Mistake Led To $2,250 In Damages And More Than $86,000 In Attorney's Fees

Section 202(a) of the California Labor Code requires an employer to pay all wages within 72 hours when an employee resigns without notice.  In one recent case, the employer sent the requisite check on time, and the amount stated in numerals on the...

California Sui Generis

Have You Ever Been Plussed?

Recently, I came to consider the potential ambiguity in the word "nonplussed".  The word originally meant to be confused or perplexed, as in:

"Defense counsel, undoubtedly nonplussed, attempted to challenge the unexpected identification by asking,...

California Sui Generis

Are Footnotes Verboten?

Last week, Broc Romanek posed the question "whether it’s okay to use footnotes when you write".  My question for today is whether it is legal to use footnotes.  It turns out that this is a question that the California legislature has actually...

California Sui Generis

California Proposes To Base Tax Rate On Compensation Ratio

The California legislature may soon be considering a bill that would revise the tax rates for publicly held corporations based on their compensation ratios.  As introduced by Senator Nancy Skinner, SB 1398 would establish the following rates...

California Sui Generis

California Supreme Court Declines To Rehear Documentary Transfer Tax Appeal

In June, I wrote about the California Supreme Court's disappointing decision in 926 N. Ardmore Ave. v. County of L.A., 2017 Cal. LEXIS 4768 (Cal. 2017).  See California Supreme Court Affirms Novel M&A Tax. Readers may recall that the Supreme Court...

Mergers & Acquisitions, Proposition 13, 926 North Ardmore, California Sui Generis, California Supreme Court, documentary transfer tax

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
Partner at Allen Matkins
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