Richard Burt Professional Law Corporation

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Removal of Officer of Delaware Corporation May Be Partly Governed by California Law

06/05/2012

In Lidow v. International Rectifier Corp. (2012) 206 Cal. App. 4th 351, the court held that, notwithstanding the conflict of laws principle known as the internal affairs doctrine, where a foreign corporation is alleged to have removed or constructively discharged…

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“Good Standing” Certificates

05/18/2012

The California Franchise Tax Board (FTB) has recently announced that a report of the tax status of a business entity (limited liability company (LLC) or corporation) can be obtained online from the FTB for free.  The report is officially referred…

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No “Selective Waiver” of Attorney-Client Privilege

05/09/2012

To show that they are good citizens, public companies are often encouraged by the government to investigate wrong-doing by their employees and then to take corrective action. Often these internal investigations are conducted by outside legal counsel, who prepare a…

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California Now Licensing LLC’s as Contractors

01/31/2012

As a result of legislation passed in 2010 (Statutes of 2010, Chapter 698), the California Contractors State License Board (CSLB) is authorized to issue contractor licenses to limited liability companies (LLCs). The CSLB issued the first contractor’s license to a…

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Court Holds Business Judgment Rule Does Not Protect Officer’s Decisions

01/18/2012

The business judgment rule insulates directors from liability from bad decisions if certain conditions are met. A recent U.S. District Court opinion holds that the business judgment rule does not apply to corporate officers. Federal Deposit Insurance Corp. v. Perry…

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Licensed Clinical Counselors Allowed to Form Professional Corporations

11/09/2011

Under the Moscone-Knox Professional Corporation Act, lawyers, physicians, and others engaged in occupations specified by the act may organize their practices as professional corporations. By reason of Chapter 381 of the Statutes of 2011, the Moscone-Knox Professional Corporation Act has…

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Corporations and LLC’s May Elect to Receive Notices From the Secretary of State via E-Mail

11/01/2011

Existing law requires corporations and limited liability companies to file with the Secretary of State annual statements of information with specified information. To aid these entities in filing timely, the Secretary of State mails a notice to them three months…

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Architects Granted Reprieve on LLP’s

11/01/2011

Persons licensed to engage in the practice architecture, public accountancy, engineering, land surveying, or law may form a limited liability partnership to engage in those professions.  A limited liability partnership is a general partnership that limits the liablity of the…

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Labor Code section 2802 Does Not Apply to Employer’s Unsuccessful Suit Against Employee

10/15/2011

In Nicholas Laboratories, LLC  v. Chen (October 12, 2011) 11 C.D.O.S. 12769, the court decided that an employer was not obligated to indemnify its employee for expenses the employee incurred in successfully defending himself against employer’s lawsuit for breach of…

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Minority Shareholder Can Not Bring Claims Against the Corporation’s Counsel

06/01/2011

In Reilly v. Greenwald & Hoffman, LLP (2011) 196 Cal. App. 4th 891, the court held that a minority shareholder could not bring a derivative action against the corporation’s outside counsel for misrepresentation, malpractice, or breach of contract. In March…

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