Writing Assignment No. ONE

I posted the writing assignment on D2L.  It is also attached below.  It must be turned in by Wednesday evening at 6:30 pm.  Do not put your name on it, only your student number.  Follow the instructions.   Do not email it to me.  You can give it to someone at the school who can put it in my box if you are not coming to class.

I have received several emails from students primarily requesting that I help answer the question.  That will not happen.

I cannot stress enough that you should focus on the question that is asked and use the facts that you are given to answer the question, as best you can.   I am not interested in how well you tell me about the rules you remember.   I am not impressed by how many issues you can “find.”  I am interested is seeing whether you can think like a lawyer.

The Writing Assignment is here (I think).  corps-writing-assignment-2016-one.

Questions About the Writing Assignment

  1.  The corporation is a corporation.  It issued stock.  It has a board of directors.  It has a President.  It is not a partnership!
  2. You can answer the questions very nicely without quoting any cases or treatises.  If a case that we reviewed is on point, it would be useful to mention that.  This is not a research project.  This is an answer the question project.

Prior Exams – Question from a Student

When will we be going over past exams in class so that we can have an idea on how to format for the exam and zone in on the issues.

Answer:  All of my past exams are on D2L along with my analysis for each.  I also have past bar exams and analysis for each.  It’s a work in progress as I’m still getting to all of the bar exam questions.  I will begin going over past exams in class in another couple of weeks.

Insider Trading Case Pending before the Supreme Court This Upcoming Term

This is from the Georgetown Supreme Court Institute.   It is a preview of cases on the Supreme Court docket for the upcoming term.  One of the cases fits into our study of a part of Rule 10b-5 known as insider trading,

Insider Trading Liability

Salman v. United States

Section 10(b) of Securities Exchange Act of 1934, and the SEC’s implementing Rule 10b-5, broadly prohibit deceptive or fraudulent acts in connection with trading securities.  For over 35 years, the Court has recognized insider trading as a Continue reading

Nice review of Fiduciary Duties from one of our local bankruptcy judges.

Bankruptcy Judge Neil Bason has a nice explanation of Fiduciary Duties in a bankruptcy case.  See   Solution Trust v. 2100 Grand LLC (In re AWTR Liquidation Inc.), 548 B.R. 300 (Bkrtcy, C.D. Cal, 2016)(Bason. J.)

C. Corporate Fiduciary Duties
Corporate fiduciary duties typically are divided into three categories (although the
last of these may be a sub-category):

Duty of care – This is the duty to exercise reasonable prudence in making
business judgments for the corporation, including gathering adequate
information and undertaking due consideration of the relevant issues.
See, e.g., Lamden v. La Jolla Shores Clubdominium Homeowners Assn.,
21 Cal.4th 249, 258 (1999) (“A director shall perform the duties of a
director … with such care, including reasonable inquiry, as an ordinarily
prudent person in a like position would use under similar circumstances.”). Continue reading