Section 558.1 of the California Labor Code provides that a "person acting on behalf of an employer" may be liable "as the employer" for violating, or causing to be violated, any provision regulating minimum wages or hours and days of work in any...
Owners, Directors, Officers And Managing Agents May Face Liability Under This California Statute - Oh My!
Posted on July 21, 2022
Looking For Stiffer Loan Terms? Nevada May Be Able To Help
Posted on August 04, 2021
Nevada's corporation law is quite protective of directors and officers. Following the Delaware Supreme Court's decision in Smith v. Van Gorkum, 488 A.2d 858 (1985), the Nevada legislature amended the law to allow for exculpation of directors and...
Still No California Caremark?
Posted on January 28, 2021
Professor Stephen Bainbridge recently expressed the hope that Caremark liability will not become routine. "Caremark" refers to Chancellor Allen's decision in In re Caremark Int'l. Deriv. Litig., 698 A.2d 959 (1996) in which he found that directors...
Enforceability Of Exclusive Forum Bylaw May Hinge On The Meaning Of "May"
Posted on May 22, 2017
No California appellate court has yet addressed the validity of forum selection bylaws in a published decision. When the question comes before a California appellate court, the outcome may turn on the meaning of "may" in California Corporations Code...
