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CALIFORNIA CORPORATE & SECURITIES LAW

Does Work Product Belong To The Lawyer Or The Law Firm?

California has codified the attorney work product doctrine in Section 2018.030 of the California Code of Civil Procedure.  That statute establishes two categories of protected work product.   Under subdivision (a), a “writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances”.  Under subdivision (b), other work product of an…

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Does Former Officer Have An Obligation To Turn Over Whistleblower Award?

Yesterday, the Securities and Exchange Commission announced “a whistleblower award payout between $475,000 and $575,000 to a former company officer who reported original, high-quality information about a securities fraud that resulted in an SEC enforcement action with sanctions exceeding $1 million.”  This was the SEC’s first award to a former officer because officers, directors, trustees, or…

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