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CALIFORNIA CORPORATE & SECURITIES LAW

Under The Public Records Act, A Losing Party May Be The Prevailing Party

When the California legislature enacted the Public Records Act,  it declared “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”.  Gov’t Code § 6250.  The legislature was serious, granting “any person may institute proceedings for injunctive or declarative [sic] relief or writ of…

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SEC Proposes “A Clearly Unwarranted Invasion of Personal Privacy”

Last week, the Securities and Exchange Commission proposed that persons involved in administrative proceedings be required to submit all documents and other items electronically.  The SEC is proposing these rules as part of its effort to create a comprehensive Internet-based electronic system that would, among other things, allow for the electronic filing and service of documents in…

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California AG Declares Whistleblower Tally A State Secret

Since 2004, the California Attorney General has been required to maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees.  Cal. Labor Code §…

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Does The DBO’s Draft Tribal Consultation Policy Violate the Public Records Act?

Three years ago, California Governor Edmund G. Brown Jr. issued Executive Order B-10-11.  Among other things, Governor Brown ordered: that it is the policy of this Administration that every state agency and department subject to my executive control shall encourage communication and consultation with California Indian Tribes. Agencies and departments shall permit elected officials and…

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Was California’s Public Records Act Founded On The Aventine Hill?

I’ve always been fascinated by the fact that the ancient Romans chose to explain their origins with tales of defeat, invasion, fratricide, communal rape and assassination.  The city, which eventually occupied seven hills along the Tiber, started out on just two – the Aventine (nearer the river) and the Palatine (overlooking the Forum and the…

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Court Rules Private Fund Data Are Not Public Records

Private equity and venture capital funds like public pension fund money but they don’t necessarily like the consequences of having the government as an investor.  As noted in this post, this was illustrated  by Superior Court Judge Evelio Grillo’s ruling earlier this year in Reuters America LLC v. The Regents of the University of California, Alameda Super. Ct.…

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Government In The Shadows

Last Friday, I lamented the inadequacy of the notice given by the Investor Advisory Committee for the Securities and Exchange Commission.  Not only was notice very short – three days; it requested comments on materials unavailable to the public – the recommendations of a subcommittee with respect to the Jumpstart Our Business Startups (JOBS) Act requirements on…

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