This Evidentiary Privilege May Stop At The Border

Unlike other states, California's rules of evidence are found in statutes, not court rules.  This is not simply a legal curiosity.  The statutory basis of California's "rules" of evidence have real world implications.

Defending The SEC's Choice Of The Administrative Home Court

Wharton Associate Professor David Zaring has written an article defending the Securities and Exchange Commission's choice to litigate in administrative rather than federal courts. He argues that administrative adjudication "violates no rights, nor...

Two Is Not A Lot And It's Certainly Not Extensive

Vice Chancellor J. Travis Laster's ruling in In re Aruba Networks, Inc. Stockholder Litigation, C.A. No. 10765-VCL has received widespread coverage.  See, e.g., Kevin LaCroix, Game Over?: Del. Chancery Court Rejects Disclosure-Only Settlement in...

Facing Legal Challenges, SEC Proposes To Reform Administrative Proceedings

As has been widely reported elsewhere, the Securities and Exchange Commission has been facing a spate of challenges to its administrative court. It should come as no surprise then that the SEC recently announced a number of proposals to the rules of...

What Exactly Is "Constructive Engagement"?

Yesterday, I wrote about SB 185 (De León) which mandates that California's two giant pension funds to liquidate their investments in thermal coal companies on or before July 1, 2017. One aspect of the bill that I didn't cover yesterday is the...

California's New "Thermal Coal" Divestment Law Forces Fiduciary Duty Question

Public pension funds exist to provide retirement benefits to public employees. Cal. Const. Art. XVI, § 17(a). In 1992, the voters of California tried to eliminate political interference with the state's retirement funds by enacting Proposition 162,...

Governor Signs Bill Aimed At Fixing CARULLCA

Readers of this blog will know that I've been censorious of California's Revised Uniform Limited Liability Company Act (CARULLCA), Corporations Code §§ 17701.01 - 17713.13. The Partnership and Limited Liability Companies Committee of the Business...

Governor Signs Finders Exemption Bill

Yesterday was the last day for Governor Brown to sign or veto bills passed by the Legislature on or before September 11 and in the his possession after that date. Cal. Const. Art. IV, § 10(b)(1). On Saturday, he signed into law a bill that will...

Why Not Let The Market Decide The Frequency Of Earnings Reports?

In an Op-Ed published yesterday by The Wall Street Journal, MIT Senior Lecturer Robert Pozen and Harvard Law School Professor Mark J. Roe argue for the retention of quarterly earnings reports with some modifications. They would replace the first and...