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Representation and warranty insurance (RWI) is now a standard feature of modern M&A transactions, utilized in roughly two-thirds of middle-market private M&A transactions and up to three-quarters of PE-sponsored...

In the course of thousands of quotidien posts over more than a decade, I have made my share of typographical, grammatical and lexigraphical errors.

When the owner(s) incorporate an existing business, the corporation is not necessarily a tabula rasa with respect to the creditors of the business being incorporated.

From New York real estate to private equity, Gavriel Kahane of Arkhouse reveals how he identifies mispriced assets in public markets that private investors overlook. This conversation explores trophy assets, activist investing, and the strategic pursuit of companies like Columbia Property Trust, Macy's, and Family Dollar where Wall Street valuations diverge from Main Street realities.

I was perplexed by Judge Cindee F. Mayfield's repeated references to "derivate claims" in a recent unpublished opinion - JBB Investment Partners v. Fair, Cal. Ct. of Appeal Case No. No. A160098 (June 9, 2022).

California law sometimes adopts an odd view of the natural world. For example, California considers clams and crabs to be fish. Cal. Fish & Game Code § 45.

Yesterday, I discussed the confused characterization of the defendant in Carbon Crest, LLC v. Tencue Productions, LLC, 2022 U.S. Dist. LEXIS 66676.

The California Constitution declares that trial by jury is an "inviolate right" that "shall be secured to all". Cal. Const. Art. I, §16.

Law Professors Samantha Prince and Joshua Fershee have recently completed an article on the importance of not conflating limited liability companies with corporations.

California limits the amount of interest that may be charged on loans and forbearances. While that is the general rule, there are numerous statutory exemptions.

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...

In California practice, a merger reorganization will typically involve two agreements - one short, the other not. The Corporations Code refers to the shorter agreement as the "agreement of merger".

This week's posts have been discussing the recent adoption by the Securities and Exchange Commission of rules requiring the securities exchanges to adopt listing standards requiring listed companies to...

After Vice Chancellor Morgan Zurn's in September issued his opinion in In re Boeing Company Derivative Litigation, UCLA Professor Stephen Bainbridge declaimed that "After Boeing...

Effective August 1, 2022, Delaware amended Section 102(b)(7) of its General Corporation Law to allow a Delaware corporation to include in its certificate of incorporation a provision exculpating certain of its officers.

California water right holders have until January 31, 2026 to electronically file their annual water use and diversion reports to the State Water Resources Control Board's new California Water Accounting, Tracking...

Yesterday's post mentioned mentioned Chapter 17 of the California General Corporation Law which governs service of process in addition to the provisions of the California Code of Civil Procedure.