Earlier this year, I tried to figure out the rules applicable to record retention at the Securities and Exchange Commission. Here is what I’ve learned: The Federal Records Act of 1950, codified at 44 U.S.C. ch. 31, establishes the framework for records management programs for the SEC and other federal agencies. The National Archives and [read more]
Most have heard the saying “do as I say, not as I do” but I expect that fewer know the full quotation. Its author was the remarkable English polyhistor, John Selden (1584-1654). Here’s the full quotation from The Table Talk of John Selden: Preachers say, Do as I say, not as I do. But if the physician had [read more]
Last Friday, I wrote this post about Sacramento Superior Court Judge Allen Sumner’s tentative ruling in a case alleging that CalPERS improperly laundered the salary of the receiver appointed by the U.S. District Court to oversee California’s prison health care. On Tuesday, Judge Sumner signed this order. Consistent with the tentative ruling, the case has survived for now CalPERS’ demurrer.[1] However, Judge [read more]
Apparently, the State of Nevada takes seriously Judge Gideon J. Tucker’s observation that “no man’s life, liberty, or property are safe while the legislature is in session.” 1 Tucker (N.Y. Surr.) 249 (1866) quoted in Lucas v. Mercantile-Safe Deposit & Trust Co., 29 Md. App. 633, 644 (Md. App. 1975). You can read more about [read more]
California requires a permit, license or registration to engage in a wide variety of activities. The CalGOLD (California Government On-line to Desktops) website allows you to search 147 different business types that require some form of permit, license or registration. The site lists everything from Acupuncture to Wrecking and Demolition Contractor. When the legislature enacted the [read more]
In June, I wrote this post about U.S. District Court Judge Dana Sabraw’s opinion in Salameh v. Tarsadia Hotels, 2011 U.S. Dist. LEXIS 30375. The case involved the question of whether ownership interests in individual units of the Hard Rock Hotel San Diego constitute securities under either the investment contract test enunciated by the U.S. Supreme Court in [read more]
