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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...

Cal. Supreme Court: Insurer May Seek to Recover Directly From Independent Counsel Allegedly Excessive or Unreasonable Fees

On August 10, 2015, in an opinion that has already garnered a great deal of attention and commentary, the California Supreme Court ruled that an insurer that funded the payment for its insured of independent counsel (or “Cumis” counsel as independent counsel are known in California) in defense...