Securities litigation requires the practitioner to draw on a broad range of skills, from knowledge of recent Supreme Court opinions to persuading a jury. Since Enron, there has been an explosion of developments from the courts, Congress, and the SEC, and a number of high profile executives have been sentenced to jail for criminal misconduct. This session will discuss the practical methods securities litigators use to maximize results for their clients.
Monday, September 17, 2007 Boalt Hall, Room 105 "Why and How China is Pushing Deals Onshore" Howard Chao '80 O'Melveny & Myers Watch Video (Quicktime or other MPEG-4 player required)
Howard Chao is the head of O'Melveny & Myers Asia Practice. Drawing on his many years of experience living and practicing in Asia, Howard will discuss the significant change occurring in China as more foreign investors are compelled to go onshore in China to do financing transactions for Chinese companies. Chinese companies are now relying on the Chinese securities markets for IPOs or have moved their listings to Chinese exchanges. On the private financing front, China has enacted a series of measures that limit the use of offshore holding companies and increase the Chinese legal and governmental "control" over these deals and companies. What does all of this means for capital flows within and into China? Does this signal a relative decline in the importance of the U.S. and other financial centers, to the benefit of Shanghai, and how is this affecting the global and China strategies of law firms, international investment banks, private equity houses and other professionals?
Tuesday, September 25, 2007 Boalt Hall, Room 105 "Digital Breadcrumbs - a Forensic Accountant's Journey through a Corporate Scandal" Joseph Rosenbaum
Partner Ernst & Young
In cases involving potential corporate liability, litigants and their attorneys often turn to forensic accountants, who have expertise in accounting, auditing and investigations. Under what circumstances should forensic accountants be brought into a case, and what methods do they use to uncover and investigate possible acts of misfeasance or malfeasance? Joe Rosenbaum, a Partner in Ernst & Young's Fraud Investigation & Dispute Services practice, will address these questions using stock option backdating investigation as an example. He will discuss the process, from initial contact by a corporate board concerned about possible wrongdoing, to collaboration with outside counsel, through the electronic data collection and review process (back-up tapes, hard drive images, and those pesky emails), and culminating in the presentation of results to the board.
Tuesday, October 9, 2007 Boalt Hall, Room 105 "Challenges and Opportunities for American Lawyers in China or with Chinese Companies" Carmen Chan
Partner Wilson Sonsini Goodrich & Rosati Watch Video (Quicktime or other MPEG-4 player required)
Transformation from a centrally planned economy, virtually closed to foreign trade, to a now rapidly expanding, market-oriented one has brought profound change for China and the companies outside the country doing business there. As China continues its breathtaking sprint toward modernization, debates on everything from limited natural resources to the value of the yuan to copyright enforcement have become more urgent. In the face of such change, how is the legal profession adapting--both here and in China? And how best can American lawyers advise their clients who, with growing frequency, conduct business there?
Tuesday, October 23, 2007 Boalt Hall, Room 105 "How to Suceed in the California Land Use Wars - Sixteen Years and 1,600 Acres" William Falik
Managing Partner Westpark Associates Watch Video (Quicktime or other MPEG-4 player required)
What does it take to transform 1,600 acres of barren land into the largest and most lucrative masterplanned community in Northern California? Join Bill Falik, CEO of Westpark Community Builders, as he recounts the sixteen year saga of the creation, entitlement and sale of the Westpark Project. Learn about the business, legal and land use risks and rewards of land development in one of the most volatile markets in California and about a new real estate development crossover course offered by Mr. Falik to Boalt and Haas students in the Spring of 2008.
Monday, November 5, 2007 Boalt Hall, Room 105 "Ethics and the Business Lawyer" Dana Welch '87 Welch ADR and Training Services
Business lawyers face difficult ethical issues every day and increasingly find themselves targets of regulatory enforcement actions. Who is the client? What if the client is doing something unethical or illegal? What about the lawyer's conflicting obligations as a gatekeeper and as an advocate? This session will address some of these thorny issues that have only grown in scope and scale in recent years. Watch Video (Quicktime or other MPEG-4 player required)
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