News & Analysis as of

Fourteenth Amendment California

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

Allen Matkins

"Regulated Parties Are Always Entitled To Fair Notice What Is Required Or Prohibited" Amen

Allen Matkins on

The Fifth Amendment to the United States Constitution provides that “no person shall be … deprived of life, liberty, or property without due process of law.”   A  similar due process mandate is imposed on the states by the...more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

Akin Gump Strauss Hauer & Feld LLP

Assembly Bill 979, California’s Board Diversity Statute, Ruled Unconstitutional

On May 15, 2023, the Eastern District of California ruled that California Assembly Bill No. 979 (“AB 979”) violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42 U.S.C. § 1981. As enacted,...more

Akin Gump Strauss Hauer & Feld LLP

California’s Board Diversity Statute – Assembly Bill 979 – Ruled Unconstitutional

On May 15, 2023, a district court judge sitting in the Eastern District of California ruled that California Assembly Bill No. 979 violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42...more

Proskauer - Corporate Defense and Disputes

Federal Court Invalidates California’s Board-Diversity Statute

A California federal court held that a California statute requiring California-based corporations to have a minimum number of directors from designated under-represented groups violates the federal Constitution’s Equal...more

Carlton Fields

A Cautionary Note on Honking Your Own Horn

Carlton Fields on

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

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