The Berkeley Center for Law, Business and the Economy (BCLBE) is the hub of Berkeley Law's research and teaching on the impact of law on business and the U.S. and global economies.
A Conversation With
Sean McKessy, chief of SEC Whistleblower Office
Sean McKessy is Chief of the Securities and Exchange Commission's Office of the Whistleblower which was created by the Dodd-Frank Act to administer the SEC's whistleblower program and to receive submissions of confidential information concerning securities frauds and other securities law violations. Under Mr. McKessy's leadership, the Office of the Whistleblower has seen submissions grow to more than 3,000 annually from whistleblowers in all 50 states plus 68 countries outside the US. Since the establishment of the whistleblower office in 2011, the SEC has awarded more than $50 million to 17 whistleblowers.
Venture Capital Speaker Series
General Speaker Series
Bubbles undermine financial laws at the moment when they are most needed - when markets boom, regulators and investors let down their guard, and financial storm clouds gather. Market booms not only encourage policymakers to deregulate or relax financial rules. They also push policymakers to stimulate markets through changing the enforcement and interpretation of legal rules and granting legal preferences to certain financial markets. Moreover, the dynamics of a bubble undermine the incentives of market participants to obey the law. In his new book, Law, Bubbles, and Financial Regulation (Routledge 2014), Professor Gerding examines the ways in which market booms and legal change interact to profoundly destabilize regulation. He offers proposals for designing resilient and adaptive regulatory institutions to make financial reform sustainable.
Randy Baron is one of the leading plaintiffs' attorneys with respect to M&A litigation. He will be speaking about the role and responsibilities of plaintiffs counsel and the recent surge in M&A litigation.
M&A Speaker Series
A Conversation With
Adrian Dollard, Qatalyst Partners
Monday, November 17, 2014
Boalt Hall, Booth Auditorium; 5:30-6:30pm
Adrian Dollard will be speaking about the role of investment banks in mergers and acquisitions transactions as well as his own experiences as both a lawyer and one of the founding partners at Qatalyst Partners, one of the leading investment banks in the technology space.
Berkeley Law Certificate Programs for the International Lawyer
Certificate in American Law,
Jan 5-9, 2015
Certificate in Intellectual Property Law,
Jan 12-16, 2015
UC Berkeley; 9-4 pm
Registration Recommended Before Nov 4, 2015
Do you work with foreign-trained lawyers who yearn for high-level understanding of the U.S. legal system, how U.S. courts and regulatory agencies analyze the law, and emerging trends in U.S. business law? Do you seek an in-depth program for lawyers new to U.S. Intellectual Property law which enables them to get an in-depth survey of patent, trademark and copyright law? Berkeley Law's International & Executive Education programs are one-week Certificate courses aimed at the foreign-trained commercial lawyer who does not have the time for an LL.M. Attendees of IELE programs include in-house counsel, law firm attorneys, and government officials from around the world.
Recent Post on The Network: Business at Berkeley Law
Long-term Investors Raise Concerns over JOBS Act Market Effects
By Myriam Denis, J.D. Candidate 2016
The following media is now available:
Smart Course Planning: What to Take in Business Law and Why
The October 2014 update is now available.
Recently, a comment letter was submitted by UC Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees. The comments recommend that the doctrine of veil piercing be used to identify which organizations should be eligible, and that shareholders should aver that they have unity in identity and interests with the corporation. Read more>
Prof. Eric Tally and co-authors Jennifer Muller and Diane Frankle report on the results of their survey of 17,500 lawyers at 25 firms nationwide that identifies causes and suggests remedies for the persistent wide gender gap in law firm M&A practices.
In his column The Deal Professor, Prof. Steven Davidoff Solomon argues that when large companies muzzle their lawyers, wrongdoing can get swept under the rug, illustrating the problem with Walmart’s unfolding bribery scandal and General Motors’ ignition switch scandal. He also examines the reasons behind Burger King’s acquisition of Tim Hortons doughnut chain in Canada and Burger King’s decision to move their headquarters. He argues that a lower tax rate is not the driving factor, but that relocating is the natural choice because Canada is the biggest market for the combined company. To read more of Davidoff Solomon’s articles click here.
Prof. Robert Bartlett discussed the US Supreme Court’s latest ruling affecting securities fraud class action lawsuits and the “fraud on the market” theory in his presentation: Life after Halliburton: What Would a “Price Impact” World Look Like? at the 2014 Business Law Scholars Conference, at Loyola Law School, Los Angeles, CA (June 2014).
Disputes over German bonds issued during the Weimar era took decades to resolve, with some cases still in flux. In Back to the Past: Old German Bonds and New U. S. Litigation, Prof. Richard Buxbaum follows the trail of these financial instruments and the legal tactics used to settle international claims.
In the Deal Professor column, Prof. Steven Davidoff Solomon argued that the unsolicited offer for Chiquita Brands International by the Cutrale Group and the Safra Group illustrates the problems that tax inversions can create. He also wrote about how a buying spree among technology companies such as Facebook and Google has revolutionized the venture capital business model. In a later post, he discussed how the Zillow-Trulia acquisition deal puts bulk of risk on Trulia if regulatory restrictions are imposed. He also wrote about how the scandal over the ouster of Dov Charney from American Apparel shows the consequences of confidentiality agreements. To read more of Davidoff Solomon’s articles click here.
On July 9, Ken Taymor presented "From Corruption to Good Governance: Lessons from the FCPA and the OECD" at the Goldman School's Ethics and Governance executive education program. The program serves senior-level Indian government administrative officers responsible for making policy in areas such as education, health, transportation and energy.
In “Actavis and Error Costs”, Prof. Aaron Edlin et al. defend the position they took in “Activating Actavis” that payments from a patent holder to fend off litigation from a competitor should be suspect whenever the payment exceeds the cost of litigation and the competitor agrees to stay out of the market. Such “reverse payments” can too easily be a subterfuge for allowing the competitors to split profits even when the patent is of dubious value or validity. This position has been criticized by some economists as too easily marking legitimate, pro-competitive agreements for antitrust litigation, and that SCOTUS never intended Actavis to be applied so broadly. Edlin et al. argue that their approach follows directly from Actavis, and that large reverse payments are generally not economically rational. In the unlikely case where competitors have legitimate pro-competitive reasons for large reverse payments, they would still be able to offer these reasons in defense.