Tortious interference with a contract occurs when a party improperly disrupts a contractual relationship between other parties. A business has a claim for tortious interference with contract when it can show: (1) the existence of a valid contract; (2) the defendant’s knowledge of that contract; (3) that the defendant intentionally caused a breach of that contract without justification; and (4) resulting harm. The first element makes clear that a plaintiff must show an existing contractual relationship, not a prospective one. A separate […]
A “pledge” is a bailment for security. It is effected by delivery of possession of the pledged property, although title remains in the pledgor. Hartford v. State Bar, 50 Cal. 3d 1139, 791 P.2d 598, 270 Cal. Rptr. 12 (1990). California Corporations Code Section 207(d) unequivocally states that, subject to Section 510, a corporation has the power to pledge its own shares. But how is that possible?
Section 510(a) provides that when a corporation reacquires its own shares, […]
At the end of last year we saw a number of deals slow down after it became apparent that the current administration would not have the votes in 2022 to reverse the 2017 income tax cuts. Not surprisingly, we had a busier first quarter than normal this year as many of those deals resumed and closed. All told, we closed twenty-five deals during the first quarter of 2022, up significantly from the volume we […]