Incorporating Your Club Requires No Conversion

Often a club or other will begin informally without formal incorporation. In California, such an unincorporated club or group, whether organized for profit or not, is classified as an "unincorporated association" and it will be governed by...

Plaintiffs Prevail In Constitutional Challenge To California Board Quota Law

This afternoon, Judge Terry Green granted the plaintiff's summary judgment motion in a case challenging the constitutionality of AB 979.  Crest v. Padilla, LA Super. Ct. Case No. 20STCV37513.  AB 979 is a California law that purports to require...

Does Improving CalPERS' Returns Justify State Mandated Discrimination?

We may learn as early as today whether a pending constitutional challenge to AB 979 will be going to trial in May. AB 979 is California's law requiring publicly held domestic and foreign corporations having their principal executive offices in...

Legislator Proposes To Expand Definition of "Director From An Underrepresented Community"

Enacted in 2020, AB 979 requires publicly held domestic or foreign corporations having their principal executive offices in California to have specified minimum numbers of directors from "underrepresented communities". Cal. Corp. Code §§ 301.4 &...

California Enacts Temporary, Yet Urgent, Law Allowing Virtual Only Shareholder Meetings

Last year, the California legislature enacted AB 663 (Chen) in order to provide California corporations with greater flexibility to hold virtual-only meetings of shareholders. Among other things, AB 663 amended Corporations Code Section 600(e) to...

Judge Weighs Challenge To California Board Quota Law

On Monday,  Los Angeles Superior Court Judge Terry Green heard arguments on opposing motions for summary judgment in a case challenging the constitutionality of AB 979.  Crest v. Padilla, L.A. Super. Ct. Case No. 20STCV37513. Enacted in 2020, AB 979...

California Bill Aims To End The Asymmetry Of Corporate Time

“It’s a mercy that time runs in one direction only, that we see the past but darkly and the future not at all.”1

California Secretary of State's Report Highlights California's Want of Appeal

The California Secretary of State has recently published her report under California's statutes imposing gender and racial/ethnic quotas on the boards of directors of publicly held corporations having their principal executive offices in California....

Closing Arguments To Start This Morning In First Trial Of California's Female Director Quota Law

Closing arguments are scheduled to begin this morning at 10:00 a.m. (California) in the first trial of the constitutionality of California's female director quota law, SB 826.  The trial began last December before Los Angeles Superior Court Judge ...