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Can A Contract Between Two California Corporations Be Subject To A UN Treaty?

On Monday, I mentioned the United Nations Convention on Contracts for the International Sale of Goods (aka the “CISG”).  The CISG generally applies to contracts for the sale of goods when the parties have their places of business in different contracting states.  The focus is on where the parties’ places of business are located, not the…

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Court Applies California Common Law To New York Rating Agencies

In another auction rate securities (ARS) case, The Anschutz Corporation (TAC) brought suit against several rating agencies alleging negligent misrepresentation.  The Anschutz Corp. v. Merrill Lynch & Co., Fed. Sec. L. Rep. (CCH) P96,258 (N.D. Cal. March 27, 2011).  District Judge Susan Illston’s opinion is interesting because she tackles the question of whether California or New…

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The Law Governing Investment Securities May Be A Matter Of Choice

One might expect that the rights and duties of a California issuer with respect to the registration of transfer of investment securities would be governed by California law.  After all, Section 8110(a) of the California Uniform Commercial Code provides that the local law of an issuer’s jurisdiction applies to such matters and Section 8110(d) defines…

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Forum, Venue and Choice-of-Law – When Shall We Three Meet Again?

In prior posts I mentioned several California oddities with respect to the often confused concepts of choice of law, choice of forum and choice of venue.  For those who simply can’t get enough of the subject, I recommend reading Julie Bisceglia’s article on forum selection clauses in the November issue of Los Angeles Lawyer magazine.  Ms.…

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