Court Holds Subsidiary's Agreement To Arbitrate Binds Parent

As a general matter, a parent company will not be liable on a contract signed by its subsidiary simply because it is a wholly-owned subsidiary. Sometimes, however, it is possible to establish some other basis for binding a parent to its subsidiary's...

Academic Study Finds Fault With Older Independent Directors

Old and In the Way?

Mandatory Retirement Policies And California Law

In yesterday's Mentor Blog, Liz Dunshee asked whether mandatory retirement policies are a thing of the past. This led me to question whether age discrimination of this sort is even legal in California. Asking about, I learned that California...

What Does LAX Have To Do With Female Board Membership?

Tuesday's post took note of a recent study authored by Sunwoo Hwang and Professors AnilShivdasaniandElena Simintzi at the University of North Carolina's Kenan-Flagler Business School.  They found that California's enactment of SB 826 imposing...

Did California's Enactment Of Board Gender Quota Law Cause A Significant Decline In Shareholder Value?

As noted by Professor Stephen Bainbridge yesterday, a recent study has concluded that California's enactment of SB 826 has "resulted in a significant decline in shareholder value for firms headquartered in California".  Sunwoo Hwang and Professors ...

Who Is A Female? New California Statute Provides An Answer

California's new gender quota law, SB 826, has attracted widespread attention.  The law mandates that a publicly held domestic or foreign corporation with its principal executive offices, according to the corporation’s SEC Form 10-K, located in...

Does Governor Brown's Signing Message Have Any Legal Effect?

In 1968, Richard Nixon campaigned for president claiming to have a secret plan to end the war in Vietnam.  With the war still continuing in 1971, Congress included in the Military Procurement Authorization Act the "Mansfield Amendment" urging...

As The Clock Winds Down, Criticism Of California's Gender Quota Bill Winds Up

The Governor has until this Sunday to sign or veto bills passed by the legislature before September 1. Cal. Const. Art. IV, Sec. 10(b)(2). One bill in the Governor's inbox is SB 826. If signed by the Governor, SB 826 would impose gender quotas on...

What Can Be Done When Shareholders Can't Be Found Or Creditors Won't Accept Payment

What is a corporation to do when: