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9th Circuit holds Section 10(b) violations sufficient for ERISA breach of duty claims

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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June 5 2013

A decision issued yesterday by the Ninth Circuit Court of Appeals illustrates the peril that can inhere in offering a company stock alternative in a

Court of Chancery finds CalPERS breached implied covenant of good faith and fair dealing

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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June 3 2013

In a 108-page post-trial order issued a few weeks ago, Vice Chancellor Leo E. Strine, Jr. dealt a major blow to the California Public Employees

Law mandates CalPERSCalSTRS support for shareholder resolutions supporting religious minorities

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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April 23 2013

In 1999, the legislature enacted SB 105 (Burton) which obligates CalPERS and CalSTRS to support, whenever feasible, shareholder resolutions at

Judge puts off decision on whether receiver’s CalPERS benefits are unconstitional

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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February 20 2013

On January 23, 2008, the federal court appointed J. Clark Kelso as a receiver for California’s prison health care system. In 2011, a taxpayer filed a

CalPERS to consider external investment resource disclosure rule

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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February 13 2013

Last August the Investment Committee of the California Public Employees' Retirement System (CalPERS) approved revisions to its External Investment

CalPERS agrees that it will not enforce conflict of interest policy

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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November 8 2012

As discussed in this post, I had petitioned the Office of Administrative Law for a determination that the Statement of Investment Policy for External Investment Resource Conflict of Interest adopted by the California Public Employees’ Retirement System constituted an illegal “underground” regulation

Office of Administrative Law to determine whether CalPERS’ policy is an underground regulation

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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October 31 2012

In August, I submitted a petition to the Office of Administrative Law alleging that the California Public Employees Retirement System had “issued, used enforced, or attempted to enforce an underground regulation”

Why does CalPERS need insider trading rules?

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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October 19 2012

Last Spring, I wrote that the California Public Employees Retirement System was considering adoption of regulations governing personal trading by members of its Board of Administration and employees

What happens when the incorporator dies?

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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September 6 2012

One or more natural persons may form a corporation under the California General Corporation Law “by executing and filing articles of incorporation”

Use a Form S-8, go to jail! (Really)

Allen Matkins Leck Gamble Mallory & Natsis LLP
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USA
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August 29 2012

One might not expect that filing a registration statement on Form S-8 could result in a criminal conviction