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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

Section 25401 - Does No One Know Its History?

A few years back, I criticized the amendment of California Corporations Code Section 25401 to conform to Rule 10b-5 under the Securities Exchange Act of 1934.  See California Creates Complete Chaos By Rewriting Anti-Fraud Statute, But “We Are...

Section 12(a)(2), Section 17(a), Securities Litigation, George Santayana, Section 25401

Something Appears To Be Awry With California's Insider Trading Statute

I trust that by now most quotidian readers of this blog should be familiar with Corporations Code Section 25402 which declares insider trading to be unlawful.  Although the statute has been on the books since the enactment of the Corporate...

California Securities Laws, Corporate Securities Law, Samuel Clemens, Insider Trading, Mark Twain, Roughing It, Section 12, Section 25401, tarantulas

Scienter In The News Again

In May, I wrote about Judge Gonzolo P. Curiel’s  decision to grant the defendants’ motion to dismiss federal and state securities law claims in Mueller v. San Diego Entm’t Partners, LLC, 2017 U.S. Dist. LEXIS 77643 (S.D. Cal. May 22, 2017).  I...

Mueller v. San Diego, scienter, Securities Litigation, 2017 U.S. Dist. LEXIS 77643, Judge Gonzolo Curiel, Rule 10b-5, Section 25401

Scienter Requirement May Be A Question Of Timing

On several occasions, I have written about whether scienter is required under Corporations Code Section 25401.  That question surfaced again last week in Judge Gonzolo P. Curiel's ruling on the defendants' motion to dismiss federal and state...

California Securities Laws, Gonzolo P. Curiel, Mueller v. San Diego, Muratsuchi, scienter, Securities Litigation, AB 1517, Chiu, Section 25401, Section 25501

Court Rules Indirect Purchaser Claims Against Theranos May Proceed

Theranos' anni horrorum began in October 2015 with the publication of a story by investigative reporter John Carreyrou at The Wall Street Journal.  Lawsuits and government investigations ensued.  Although the Theranos recently...

California Securities Laws, Roth Capital, Securities Litigation, Apollo Capital Fund, colman, Elizabeth Holmes, John Carreyrou, Judge Jeffrey S. White, Judge Susan Illston, market manipulation, Nathanael Cousins, Section 25400(d), Section 25401, Section 25500, Theranos

What Do You Know? Bill Proposes To Eliminate Scienter

Corporations Code Section 25401 is California's basic securities antifraud statute:

It is unlawful for any person to offer or sell a security in this state, or to buy or offer to buy a security in this state, by means of any written or oral...

Legislation, Muratsuchi, scienter, Securities Litigation, AB 1517, Chiu, crowdfunding permi, Section 25401, Section 25501, securities fraud

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
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