Did You Ever Wonder Whether “Within” Might Be A Superfluous Pleonasm?

Suppose that you hold an option that must be exercised “within 30 days prior to the expiration of the option”.  Does this mean that you must exercise the option no later than thirty days before the expiration date or that you may exercise the option at any time within the 30 days before the expiration

California Crowdfunding Bill In Suspense


Yesterday, Broc Romanek published several posts regarding crowdfunding.  Meanwhile here in California, crowd funding has stalled in the legislature.  AB 722 (Perea) passed unanimously out the Assembly Committee on Judiciary and on a 9-2 vote out of the Assembly Committee on Banking and Finance.  Assembly Members Travis Allen, a Republican, and Mark Stone, a Democrat, voted against

Paralepsis: Mentioning The Unmentionable

This blog is devoted to corporate and securities law issues.  Therefore I refrain from venturing into other are topics even though they touch upon lawyers and lawyering.  Lawyers, however, can learn a lot about trial conduct by reading Justice William W. Bedsworth’s recently published opinion in Martinez v. State, Cal. App. Case No. G048375 (June 12, 2015, certified

Before Rapunzel There Was Rudabeh


In Koehler v. NetSpend Holdings, Inc., 2013 Del. Ch. LEXIS 131 (Del. Ch. May 21, 2013), Vice Chancellor Sam Glasscock III wrote “In fact, NetSpend appears more Rapunzel than Penelope; she must, it seems, let down her hair or go unrequited.”  In a footnote, he attributes the story of Rapunzel to the brothers Grimm (Jacob and Wilhelm).  This

Times May Change But Politicians Don’t

Recently, I’ve been reading about the Greek playwright Euripides.  It is said that Socrates rarely attended plays, but never missed a play by Euripides.  Technology has changed dramatically since the fifth century B.C.E., but it seems that some things don’t change very much at all. In Iphigenia in Aulis, Euripides tells the story of how Agamemnon

Is Chametz A Good?

The Jewish holiday of Passover begins at sundown this evening.  In preparation for Passover, observant Jews must dispose of absolutely all chametz, which is basically any food that is made with grain and water that has been allowed to leaven (rise).  One way to dispose of chametz, which is also spelt chometz, is to sell it to a non-Jew and

Did The Judge’s Ruling Truly Decimate The Defendant’s Contention?

Yesterday’s post concerned Justice M. Kathleen Butz’ recent holding in Yee v. Am. Nat’l Ins. Co., 2015 Cal. App. LEXIS 257 (Cal. Ct. App. 2015).  The case involved the California Controller’s attempt to examine the records of American National Insurance Company.  When the insurer resisted, the Controller convinced the trial court to issue a preliminary

Will The FAA Give Wings To Arbitration Bylaws?

In January, I discussed the Court of Appeal’s decision in Cobb v. Ironwood Country Club, 233 Cal. App. 4th 960 (Cal. App. 4th Dist. 2015).  I found the case interesting because the Court applied a contract law analysis to an arbitration bylaw: Ironwood asserts that its bylaws constitute a contract between the Club and each of

Why Husbands Should Listen To Their Wives . . .

Yesterday was the famous Ides of March.  The Ides weren’t a holiday, but a term used in Roman calendar system which was based on three dates in each month, known as the Kalends or Calends (think calendar), Nones and Ides. The Kalends always falls on the first of the month, the Nones, depending on the month,

Magna Carta Friday: A Definitive Article About A Definite Article

In English, we have two articles – “the” is the definite article and “a/an” is the indefinite article.  Latin, on the other hand, lacks articles, definite or indefinite.   Indeed, the great first century Roman rhetorician Marcus Fabius Quintilianus observed that Latin did not need articles (“noster sermo articulos non desiderat . . .”).  I