9th Circuit overturns death penalty

Elisabeth Semel quoted in Daily Journal (registration required), April 1, 2015

“Our clients are forced to deal with the public shame and enormous repercussions of their actions during the litigation of their case,” said Elisabeth Semel … “But it’s the norm. These are the narratives that have to be told for juries and courts to understand how the lives of our clients were derailed.”

A three-pronged front to limit shareholder litigation

Steven Davidoff Solomon writes for The New York Times, April 2, 2015

The war is being fought over recent amendments proposed to corporate law in Delaware, where most United States public companies are incorporated. These amendments would do three things: weaken appraisal rights, designate Delaware as the sole forum for litigation and ban so-called fee-shifting to the losing parties in cases.

America has a jury selection problem—and it’s killing black people

Elisabeth Semel quoted in Takepart, April 1, 2015

“White people are always thinking about getting out of [jury duty] as opposed to being excluded from it,” Semel said. “That’s a luxury. There’s a focus on the killing of African American young men by police officers, but there’s another kind of violence here, in stripping away the civil rights of people when they’re eliminated from juries based on race.”

Reading the fine print in the Heinz-Kraft deal

Steven Davidoff Solomon writes for The New York Times, March 26, 2015

Kraft shareholders will receive one share of Heinz stock for each share of Kraft stock. This is par for the course. The unusual part is that Heinz is private and will publicly list its shares in connection with this transaction. This immediately raises valuation issues.

The thorny task of advocating good corporate behavior

Steven Davidoff Solomon writes for The New York Times, March 24, 2015

The pension fund amended its investment policy for global governance to embrace what is called the corporate sustainability movement, the idea that companies should pay greater heed to the long-term future of themselves and society by adhering to social and environmental principles. It represents a huge endorsement of the fledgling movement and at first blush seems like a great idea. … But like many things in the world of shareholders and corporations, it quickly becomes complicated.

General Motors’ stock buyback follows a worrying trend

Steven Davidoff Solomon writes for The New York Times, March 17, 2015

Because G.M. was bankrupt only a few years ago, it seems a bit foolhardy for the company to willingly part with billions of dollars of hard-earned cash. But in a world where stock buybacks and shareholder activism are all the rage, it makes perfect sense on paper, if not in reality.

An eviction nightmare at Oregon Park Senior Apartments

Brendan Darrow quoted in in East Bay Express, March 25, 2015

Some of the three-day eviction notices—which tenants and Darrow shared with me—essentially informed residents that they were required to stop speaking out. The letters went to residents who had publicly criticized the board of directors about a number of concerns, according to Darrow and multiple tenants. … “The lawsuits were so blatantly retaliatory and designed to suppress free speech and public participation,” Darrow said.

Waters in public trust—California ruling could change how wells are regulated

Holly Doremus quoted in Bloomberg BNA, March 26, 2015

In Mono Lake, the state supreme court ruled that water users could not divert water from non-navigable waterways flowing into the navigable lake, and in this case the court ruled that groundwater users cannot pump groundwater if doing so negatively affects the navigable Scott River,” she said. “It is the right decision on the law,” she added.