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Free Excerpt: California State Antitrust and Unfair Competition Law-Exemptions, Immunities, and Other Defenses to Antitrust Liability; Labor Exemption

California State Antitrust and Unfair Competition Law Copyright 2009, Matthew Bender & Company, Inc., a member of the LexisNexis Group. CHAPTER 13 EXEMPTIONS, IMMUNITIES, AND OTHER DEFENSES TO ANTITRUST LIABILITY 1-13 CA Antitrust and Unfair Competition Law § 13.01 AUTHOR: By: Patrick...

No Recovery Under UCC § 1-308 for Voluntary Payment Made By Wire Transfer “Under Protest” As Part of Settlement Agreement

Steinman v. Malamed , (June 28, 2010) 185 Cal. App. 4th 1550, 111 Cal. Rptr. 3d 304. This case suggests that UCC § 1-308 (allowing payment "under protest") may not be interpreted broadly to allow a party to reserve rights when making a disputed payment. This blog entry is longer...

Options for Effectively Litigating Small Dollar California Business Disputes

I posted the following article almost one year ago. Why am I posting it again? Because it remains a problematic, relevant issue-how can we better, cost effectively litigate small dollar business disputes-and based on my experience I am in the process of updating the article and adding reasonable...

Corporate Officers Held Not Entitled to Business Judgment Rule Protection Under California Law

A federal court has denied the motion of former IndyMac CEO Matthew Perry to dismiss the action that the FDIC, as the failed bank's receiver, had filed against him. In a December 13, 2011 order ( here ), Central District of California Judge Otis D. Wright II held that under California law the...

Brown Has Golden State Thinking Big Even in Tough Times

During the 30-plus years Barbara O'Connor has known California Gov. Jerry Brown (D), she says the man once derided as "Gov. Moonbeam" has developed a well-deserved reputation as someone never inclined to back down from a big challenge. "Jerry Brown has always believed in solving...