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CALIFORNIA CORPORATE & SECURITIES LAW

Controller Must Still “Look To Find A Reason To Believe”

Last month, I wrote about reports that the SEC is seeking years of employment agreements, nondisclosure agreements and other documents in an effort to ferret out possible restraints on whistleblowers.  See Is Anything Fishy With The SEC’s Whistleblower Inquiries?  As noted in the post, the SEC can ask, it can even subpoena, but it takes a court to enforce…

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Is Anything Fishy With The SEC’s Whistleblower Inquiries?

Yesterday, Rachel Louise Ensign of The Wall Street Journal wrote that the SEC recently sent letters “to a number of companies asking for years of nondisclosure agreements, employment contracts and other documents”.  According to Ms. Ensign, the SEC is seeking information since the enactment of the Dodd-Frank Act (i.e., 2010). Because the SEC sent letters and…

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How A Public Records Act Request Can Be Better Than A Subpoena Duces Tecum

The California counterpart to the Freedom of Information Act (aka FOIA) is the Public Records Act, Government Code Section 6250 et seq.  In a recent unpublished decision, the Court of Appeal succinctly explains why submitting a Public Records Act request may yield more comprehensive results than a subpoena: Generally, a California Public Records Act request is more…

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