Is Big Brother Watching You? In California, All You Have To Do Is Ask.

California's Information Practices Act

You May Be Doing Business In California Even When Not Transacting Intrastate Business

The Question

SEC Slays Redwoods At Fearsome Pace

Yesterday, was a big day for both the regulated and the unregulated adviser industry.

When A Corporation Dissolves, Does The Attorney-Client Privilege Live On?

Generally, a corporation's suit for legal malpractice results in a waiver of the attorney-client privilege.  When the corporation's suit is brought derivatively, however, the privilege is not waived.  McDermott, Will & Emery v. Superior Court, 83 Cal....

Does The In Pari Delicto Defense Apply In Derivative Actions?

"In pari delicto" is a Latin phrase meaning in equal fault. It is an equitable defense that precludes a plaintiff from recovering for an injury that arose from a wrongdoing in which she participated. In a shareholder derivative suit, the plaintiff...

At The PCAOB, They Give No Words But "Mum"

In March, the Public Company Accounting Oversight Board issued its first public research note. Entitled "Activity Summary and Audit Implications for Reverse Mergers Involving Companies from the China Region (January 1, 2007 through March 31, 2010),"...

Commissioner Takes Emergency Action To Put More Time On The Clock For Rule 260.204.9

Yesterday, Commissioner Preston DuFauchard started the process for adding six months to the lifespan of Rule 260.204.9. The Commissioner took this action in light of the imminent expiration of the “private adviser” exemption set forth in Section...

CalPERS Responds

Earlier this week, I wrote about the many scandals that have been swirling about the California Public Employees Retirement System. A good sign that an organization is feeling embattled is when it sets up a website dedicated to providing responses....

Dinner Is Served: Will The Volcker Rule Spur Interest In California's Capital Access Company Law?

Congress issues an invitation