Plaintiffs Continue To Search For Private Cause Of Action Under Transparency In Supply Chains Act

Last January, I wrote about one plaintiff’s unsuccessful attempt to pursue claims against the maker of Fancy Feast cat food for failure to disclose the alleged use of forced labor.  Barber v. Nestlé USA, Inc., 2015 U.S. Dist. LEXIS 170608 (C.D. Cal. Dec. 9, 2015).  Readers may recall that the California Transparency in Supply Chains Act requires

In California, Mayhem May Not Be What You See On Television

While watching the NCAA tournament, I sat through several replays of this Allstate commercial featuring an anthropomorphized mayhem. The advertisement is one of a series featuring actor Dean Winters as the cause of all manner of “mayhem”.  Although mayhem in common parlance has come to refer to all manner of chaotic violence or destruction, that

Court Holds SEC Filing Is Not Public Disclosure

California has patterned its false claim law, Cal. Gov’t Code §§ 12650 et seq., after the federal False Claims Act.  As the names of these laws suggest, they are intended to protect the public fisc from false or fraudulent claims.  The CFCA empowers private parties to pursue actions for, and in the name of, the

California’s Bizarre Voting Record Disclosure Requirements

Section 711 of the California Corporations Code is so poorly drafted that it almost defies explanation.  According to the legislature’s findings, the ostensible purpose of the statute is to facilitate the informed and active involvement of beneficial owners of shares “in holding legal owners and through them, management accountable in their exercise of corporate power”.  The statute purports

Court Applies Safe Harbor Doctrine To CA Transparency in Supply Chains Act

I first wrote about the California Transparency in Supply Chains Act more than four years ago.  See California To Require Website Disclosure Regarding Efforts To Eradicate Slavery And Human Trafficking.  At the time, I noted that “The Act provides that the exclusive remedy for a violation is a suit for injunctive relief brought by the California Attorney General.”

Court Of Appeal Finds Indemnity Includes First Party Claims

Three years ago, I wrote this brief post about how to interpret an indemnity claim.  I wrote that post to remind readers that the California Civil Code not only defines “indemnity”, it provides a series of interpretational rules.  According to the Code, “indemnity” is “a contract by which one engages to save another from a

Is The FTB’s Argument Nothing More Than Blowing In The Wind?

Readers may remember this blog post from September of last year: Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board.  The subject of the post was Franchise Tax Bd. v. Hyatt, 335 P.3d 125 (Nev. 2014) in which the Nevada Supreme Court partially affirmed a Nevada jury verdict against the California Franchise Tax Board. 

Constitucion del Estado Californio

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Feliz Cumpleaños Tomorrow is another holiday in California – Admission Day.  Cal. Govt. Code § 6700(a)(10).  Although Admission Day is a statutorily designated holiday, it is not a judicial holiday.  Cal. Civ. Proc. Code § 135. California joined the union as a free state on September 9, 1850.  It was the 31st state (note below the 31

Why Doesn’t California Have A Labor Day?

Federal law establishes ten “legal public holidays”, including “Labor Day, the first Monday in September”.  5 U.S.C. § 6103.  California, on the other hand, names “Labor Day” in several statutes (e.g., Civil Code § 1689.24) but doesn’t designate Labor Day as a state holiday by name.  California Government Code Section 6700(a) lists 16 “holidays in this state”.  Although the