Dangerous Liaisons: China's Indirect Investment Structures and the Shaky Foundations of "China Plays" on the Global Capital Markets

Nicholas C. Howson, University of Michigan Law School

Date: 09/12/2012
Duration: 1:00
Description: Nicholas C. Howson, visiting professor from the University of Michigan, analyzed the rise of “Variable Interest Entities,” an indirect method of investing in Chinese companies designed to circumvent Chinese government restrictions on foreign investment. This investment form involves a foreign holding company creating a wholly owned subsidiary in China to effectuate the foreign company’s investment in a Chinese company. The investment form, however, has proven very risky for American investors.
Sponsor(s): Center for Chinese Studies Sponsor: Berkeley Center for Law, Business and the Economy

The Foreclosure Crisis: Challenges and Solutions to the Mortgage Meltdown

Discussion and Q&A

Date: 04/13/2012
Duration: 0:45
Description: Q&A session and closing remarks.
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

The Foreclosure Crisis: Challenges and Solutions to the Mortgage Meltdown

Panel 1: Digging Out: Government and Private Initiatives to Address Mortgages Underwater or in Default

Date: 04/13/2012
Duration: 1:48
Description: Speakers from UC Berkeley join other scholars, business leaders and policymakers to address what the public and private sectors should and could do to resolve the seemingly endless stream of home foreclosures. Topics include the "robosigning settlement" among all 50 state Attorneys General, the federal government and major loan servicers. Panelists include Dwight Jaffee (Haas School of Business), Paul Leonard (Center for Responsible Lending), and David Moskowitz (Wells Fargo & Company).
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

The Foreclosure Crisis: Challenges and Solutions to the Mortgage Meltdown

Panel 2: Reforming Title Recording and Transfer: Key to a 21st Century Mortgage Market

Date: 04/13/2012
Duration: 1:30
Description: Most Americans do not know that a single private corporation, the Mortgage Electronic Registration System (MERS), holds the titles to millions of mortgages in this country. The panelists explore how 21st Century technology can satisfy the needs of the securitization market for rapid, high volume mortgage transfers, and the public's need for an accurate and transparent system for tracking the status of individual loans and mortgages. Panelists include Laurence Platt (K&L Gates), James Rhyne (Thematix Partners), Nancy Wallace (Haas School of Business), and Benjamin Weber (Office of San Francisco Assessor-Recorder).
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

Enforcement Without Foundation? China's Illegal Insider Trading Enforcement Regime

Nicholas C. Howson, University of Michigan Law School

Date: 02/08/2012
Duration: 1:03
Description: China’s securities regulator enforces insider trading prohibitions pursuant to self-conceived and non-public guidance. Howson argues that the agency guidance is itself unlawful and unenforceable, leaving a large part of China's contemporary insider trading enforcement regime without foundation. This radical infirmity underlying what many see as the basis of well-governed and investor-attracting capital markets has important implications not only for China’s securities regulation regime and healthy capital markets development, but also for the entirety of China’s legal and administrative law system in the reform era.
Sponsor(s): Center for Chinese Studies (CCS) Sponsor: Berkeley Center for Law, Business and the Economy

New Corporate Forms: Flexible Purpose Corporations, B Corps and L3Cs

Susan H. Mac Cormac, Morrison & Foerster

Date: 11/11/2011
Duration: 0:59
Description: This talk explores the positive and negative aspects of new corporate forms being tested in California and other states and explains how they differ from traditional corporations, LLCs and partnerships.  Ms. Mac Cormac discusses whether a new form is even necessary and which model can best serve to promote environmental sustainability. She also describes limitations resulting from the California and Delaware Corporations Codes and case law beyond the marketing and PR interpretation dominating the press. 
Sponsor: Berkeley Center for Law, Business and the Economy

Do China's Stock Markets Matter?

Carl E. Walter

Date: 11/01/2011
Duration: 0:56
Description: This year marks the 20th anniversary of the establishment of China's two stock exchanges in Shenzhen and Shanghai. Over these two decades nearly 2,000 Chinese companies listed domestically in Hong Kong and beyond, raising nearly US $300 billion. There is no doubt  that these markets are important, but in a country with no private property and banks accounting for over 90 percent of all corporate financing, just what role do stock markets play and what is their overall significance? This talk explores these two questions and describes to what degree Western legal, accounting and financial concepts have changed China's economic landscape.
Sponsor(s): Center for Chinese Studies (CCS) Sponsor: Berkeley Center for Law, Business and the Economy

Corruption & Fraud in China: Challenges for US Companies & Investors

Nathan Bush, O'Melveny & Myers

Date: 08/29/2011
Duration: 1:04
Description: China offers both opportunities and perils for US companies and investors. Official graft and commercial bribery remain pervasive, raising risks of liability under the US Foreign Corrupt Practices Act, other nations’ foreign bribery statutes like the new UK Bribery Act, and Chinese domestic law. Dozens of China-based companies listed on foreign stock exchanges now face regulatory investigations and shareholder litigation stemming from allegations of fraud and other misconduct. Are these symptoms of the same underlying weaknesses in China's corporate governance standards and opaque regulatory climate? Nate Bush assesses current efforts by US companies, investors, and regulators to confront these challenges, and the implications for China's political and economic climate.
Sponsor(s): Center for Chinese Studies (CCS) Sponsor: Berkeley Center for Law, Business and the Economy

The Renaissance Life of the Talented Professor Buxbaum

Professor Richard M. Buxbaum

Date: 04/18/2011
Duration: 00:57
Description: Many of you may be familiar with Professor Buxbaum’s leading work in Corporations Law and Comparative Law, and as a pillar of the Berkeley Law’s business faculty. What you may not know is that his many contributions extend far beyond shaping jurisprudence in the United States and around the world. They are also deeply rooted in public service, affirmative action, free speech, national defense, and reparations issues. He is a true Renaissance man and his service to the Berkeley Law community as well as citizens around the world is without parallel. In his final year of teaching at Boalt, BCLBE hosted a special lunchtime talk where Professor Buxbaum reflected on his experiences in the major social and political events of the 1960s and 1970s.
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

Financial Emergency: The Crises that Began and Ended the Decade

The Honorable Michael G. Oxley

Date: 04/06/2011
Duration: 01:20
Description: The co-author of the Sarbanes-Oxley Act, one of the most far reaching, and controversial, financial regulation laws in American history, spoke about the fiscal crashes that ended the dot-com bubble and that once again have plunged the economy into recession. A former FBI Agent, Michael G. Oxley was elected to the House of Representatives from Ohio's fourth district in 1981. He eventually went on to serve as Chairman of the House Financial Services Committee from 2001 to 2006, and is best known for his co-authorship of the landmark Sarbanes-Oxley Act of 2002. Oxley led the panel through the aftermath of the tech bubble, the difficult post-9/11 period, and the rash of corporate scandals early in the decade that destroyed investor confidence and sent the markets into a tailspin.
Sponsor(s): Robert T. Matsui Center for Politics and Public Service Sponsor: Berkeley Center for Law, Business and the Economy

The Top 10 Things You Should Learn in Law School if You Want to Work with Great Entrepreneurs

Donna Petkanics, Wilson Sonsini Goodrich & Rosati and Robert J. Majteles, Treehouse Capital LLC, BCLBE Director

Date: 03/15/2011
Duration: 01:00
Description: Donna Petkanics of Wilson Sonsini Goodrich & Rosati and Rob Majteles of Treehouse Capital shared their insider experiences with the Boalt community, offering a unique perspective from both sides of the equation.
Sponsor: Berkeley Center for Law, Business and the Economy

BBLJ Spring Symposium - Financial Regulatory Reform: Dodd-Frank and Beyond

Welcome, Launch and Keynote Address

Date: 03/11/2011
Duration: 00:29
Description: On March 11, 2011 the Berkeley Center for Law, Business and the Economy (BCLBE) and the Berkeley Business Law Journal (BBLJ) co-hosted a spring symposium entitled, "Financial Regulatory Reform: Dodd-Frank and Beyond." This video features the welcome address made by representatives from the sponsoring organizations, Eric Talley, BCLBE, Matthew R. DalSanto, BBLJ, and Ken Taymor, BCLBE, followed by a keynote address from William Haraf, Financial Stability Oversight Council and the California Department of Financial Institutions.
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

BBLJ Spring Symposium - Financial Regulatory Reform: Dodd-Frank and Beyond

Panel 3 - Consumer Protection

Date: 03/11/2011
Duration: 01:34
Description: On March 11, 2011 the Berkeley Center for Law, Business and the Economy (BCLBE) and the Berkeley Business Law Journal (BBLJ) co-hosted a spring symposium entitled, "Financial Regulatory Reform: Dodd-Frank and Beyond." This video features the third panel from the symposium, "Consumer Protection." The panel featured John D. Wright, Wells Fargo & Company, John A.E. Pottow, University of Michigan, School of Law, Thomas Brown, O'Melveny & Myers, and Gail Hillebrand, Consumers Union. Moderated by Prasad Krishnamurthy, UC Berkeley School of Law.
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

BBLJ Spring Symposium - Financial Regulatory Reform: Dodd-Frank and Beyond

Panel 2 - Venture Finance

Date: 03/11/2011
Duration: 01:22
Description: On March 11, 2011 the Berkeley Center for Law, Business and the Economy (BCLBE) and the Berkeley Business Law Journal (BBLJ) co-hosted a spring symposium entitled, "Financial Regulatory Reform: Dodd-Frank and Beyond." This video features the second panel from the symposium, "Venture Finance." The panel featured Steven E. Bochner, Wilson Sonsini Goodrich & Rosati, Eric Finseth, BCLBE, and Mary Dent, SVB Financial Group. Moderated by Robert P. Bartlett III, UC Berkeley School of Law.
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

BBLJ Spring Symposium - Financial Regulatory Reform: Dodd-Frank and Beyond

Panel 1 - Securitization and Governance

Date: 03/11/2011
Duration: 01:37
Description: On March 11, 2011 the Berkeley Center for Law, Business and the Economy (BCLBE) and the Berkeley Business Law Journal (BBLJ) co-hosted a spring symposium entitled, "Financial Regulatory Reform: Dodd-Frank and Beyond." This video features the first panel from the symposium, "Securitization & Governance." The panel featured Dwight M. Jaffee, Haas School of Business, Nancy E. Wallace, Haas School of Business, BCLBE Faculty Co-Director, Erik Gerding, University of New Mexico, School of Law, and Mark D. Perlow, K&L Gates. Moderated by Stavros E. Gadinis, UC Berkeley School of Law.
Sponsor(s): Berkeley Business Law Journal (BBLJ) Sponsor: Berkeley Center for Law, Business and the Economy

Law, Policy, and Practice on China's Periphery: Minority Areas and Implications for Hong Kong and Taiwan

Pitman Potter, University of British Columbia

Date: 02/15/2011
Duration: 01:11
Description: Professor Potter's talk focused on his recently published book "Law, Policy, and Practice on China's Periphery: Selective Adaptation and Institutional Capacity." He examined the Chinese government's policies and practices in relationship to the Inner Periphery areas, defined as Tibet, Xinjiang, and Inner Mongolia, and the Outer Periphery areas of Hong Kong and Taiwan, focusing on political authority, socio-cultural relations, and economic development. Successive imperial, republican, and communist governments have struggled to maintain sovereignty over the regions surrounding the great river valleys of China.
Sponsor(s): Center for Chinese Studies Sponsor: Berkeley Center for Law, Business and the Economy

The Evolution of Business Law in California and at Boalt Hall

Professor Richard Buxbaum

Date: 11/15/2010
Duration: 00:58
Description: Professor Richard Buxbaum '53 has been a keen observer of the business law terrain for five decades. BCLBE and the Berkeley Business Law Journal hosted a talk were Professor Buxbaum shared his perspective on the development of business law in California and the role played by Boalt Hall in that evolution. Three generations of Boalt Hall faculty members were and continue to be instrumental in reshaping many aspects of corporate law and securities regulation in California, across the United States and around the world. At this special lunchtime talk, Professor Buxbaum provided insights into the interplay among the legal academy, policymakers and the commercial world that will help us better understand the current legal and regulatory environment governing the business community and our collective efforts to emerge from the Great Recession.
Sponsor: Berkeley Center for Law, Business and the Economy

America's Broken Retirement Plans and Pension System: Another "Gift" From Wall Street

William Lerach

Date: 10/26/2010
Duration: 00:58
Description: William Lerach discussed his perspectives on the relationship between the deregulation of our financial markets and several wealth destruction events that resulted in massive losses to the nation's public, private and individual pension systems and plans. These losses have gravely impaired the finances of these retirement plans -- leaving many of them, he argued, with unfunded obligations that are so pervasive that they now constitute a major threat to the financial future of our country. Mr. Lerach also discussed what, if anything, he believes can be done to avoid or ameliorate the crisis that would arise from the financial collapse of our pension systems.
Sponsor: Berkeley Center for Law, Business and the Economy

Changes in the World’s Workshop: How new laws, more demanding workers, and activist trade unions are transforming the Chinese workplace

Mary Gallagher

Date: 10/18/2010
Duration: 00:55
Description: In 2008, the Chinese government passed three ambitious labor laws to improve working conditions at Chinese companies and the employment security of Chinese workers. Employers criticized these laws as a return to the age of the “iron rice bowl” under socialism, which guaranteed lifetime employment and extensive welfare benefits for all urban workers. Labor activists hoped that the new laws would help close the gap between the high standards of Chinese “law-on-the-books” with its implementation and enforcement in reality. These protective measures coincided with the onset of the global financial crisis and a rapid decline in China’s export markets. The combination of more protective laws and greater economic volatility led to a rapid and unprecedented increase in labor conflict, including legal filings and large-scale strikes and demonstrations. In the wake of China’s recovery from the crisis, this conflict has continued. Workers are more aware of their new rights; trade unions have been encouraged by the government to do more to protect workers; and a labor shortage in manufacturing has emboldened workers to press for higher wages and better conditions. This event was co-sponsored by the Center for Chinese Studies.
Sponsor: Berkeley Center for Law, Business and the Economy

Business and Ethics: Lessons from the Global Economic Crisis

Date: 12/01/2009
Duration: 01:08
Description: A panel discussion featuring: John Quigley, Goldman School of Public Policy; Richard Buxbaum, Berkeley Law; Ernesto Dal Bo, Haas School of Business; David Vogel, Haas School of Business; Christopher Kutz, Berkeley Law.
Sponsor: Berkeley Center for Law, Business and the Economy

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