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Eric Talley Explains Government Role in Oracle Suit

San Francisco Chronicle, July 30, 2010 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/30/MNEE1EM0EF.DTL

The fact that the contract was worth hundreds of millions of dollars could propel potential damages toward the upper range seen in these cases, said Eric Talley…. Hundreds of False Claims Act cases are filed each year, but the government tends to throw its full weight behind only the most promising ones, Talley said. “The (Justice Department) has determined this to be meritorious enough to put their own efforts forward, rather than sit on the sidelines,” he said.

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Eric Talley Testifies in Skilled Healthcare Lawsuit

The Times-Standard, June 30, 2010 by Matt Drange
http://www.times-standard.com/ci_15407996?source=most_emailed

“They were not set up in a way to avoid maintaining adequate staffing levels,” Talley said. “These facilities have a lot of cash flow, they have insurance, they have leases and licenses. All these things may well satisfy a judgment.”

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Eric Talley Argues for Financial Transparency in Tesla IPO

VentureBeat, May 27, 2010 by Owen Thomas
http://venturebeat.com/2010/05/27/elon-musk-personal-finances/

“Transparency is thought to be a good thing for the operation of capital markets,” said Talley, the Berkeley law professor. “Bare compliance with SEC rules isn’t enough.”

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Eric Talley Discusses the Ambiguities of Insider Trading

Silicon Valley / San Jose Business Journal, November 13, 2009 by William-Arthur Haynes
http://sanjose.bizjournals.com/sanjose/stories/2009/11/16/story3.html

“It’s an odd thing,” Talley said. “If Company A doesn’t have a confidentiality policy that extends to the intent of future commercial purchases then, yes, it’s material and nonpublic but the employee isn’t breaching fiduciary duty by disclosing that.”

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Eric Talley Grades Federal Stress Test

-Fox Business.com, June 8, 2009 by Peter Barnes
http://www.foxbusiness.com/story/markets/industries/finance/tarp-overseers-say-banks-need-new-stress-tests/

In a special study for the panel included in the draft report, Talley and Walden gave the stress test generally favorable marks. “We conclude that the Federal Reserve Board’s risk modeling approach is, on the whole, a reasonable one, erring for the most part on the conservative side,” they wrote to the panel…. Still, the researchers raised concerns about the program’s transparency and lack of data disclosure, which they said could limit checks of the test by outside researchers.

-CNBC, June 9, 2009 by Albert Bozzo
http://www.cnbc.com/id/31177176

The highly anticipated stress test report is partly the work of outside consultants. The committee said it used two “internationally-renowned experts in risk analysis” to review the process; they are Professor Eric Talley, Co-Director of the Berkeley Center for Law, Business and the Economy at the University of California, and Professor Johan Walden, an assistant professor at the University’s Haas School of Business.

-The Wall Street Journal, Market Watch, June 9, 2009 by Ronald D. Orol
http://www.marketwatch.com/story/more-stress-tests-urged-for-banks

The two academics argued that important details about bank assets were not publicly provided, making it difficult for anyone to replicate the results. They also argued that the hostile scenario considered by the tests only looked at an adverse scenario through 2010, a period that does not consider potential problems in the commercial real estate market that could continue in later years.

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Gillian Lester and Eric Talley Set the Bar for Dual-Career Marriages

National Law Journal, September 8, by Vesna Jaksic
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202424312370

From Texas and Virginia to New York and California, numerous law schools across the country are employing law professors who are couples. Some of the more well-known pairings include … Gillian Lester and Eric Talley at University of California, Berkeley, School of Law.

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Eric Talley Comments on SEC Plan to Reduce Credit Agencies’ Clout

Financial Times, July 3, by Neil Roland
http://www.financialweek.com/apps/pbcs.dll/article?AID=/20080703/REG/395782074/1036&template=printart

Apart from the SEC’s proposal, there has been little movement by government agencies to ease the reliance on ratings, said Messrs. Talley and Hunt…. “Everyone seems in a bit of a quandary about what to put in place of the ratings,” Mr. Talley said.

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Eric Talley Discusses SEC’s Proposed Ratings Reform

Marketplace Money/American Public Media, May 30, hosted by Tess Vigeland
http://marketplace.publicradio.org/display/web/2008/05/30/sec_investment_ranking/

“The ratings agencies played a big role in putting investment-grade stamps on a lot of these mortgage-backed securities, and so the questions about how they went about rating these structured finance products—which by the way are really about sort-of repackaged mortgages, sliced, diced and julienned in a way that makes some aspects of them safe and some more risky—is going to be a real issue.”

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Eric Talley Supports Congressional Inquiry into Milberg Weiss’ Illegal Conduct

San Francisco Daily Journal, May 12, by Lawrence Hurley
http://www.dailyjournal.com

Congressional action couldn’t do any harm, Talley suggested. “Shining a light on the practice will act as a deterrent,” he said. Why prosecutors didn’t act sooner in pursuing Milberg Weiss is another key question. “That’s where we want to be spending a lot of our time,” Talley said. “Why wasn’t the Justice Department able to uncover this evidence for such a long period of time?”

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Eric Talley Explains Corporate Response to Shareholder Activism

San Francisco Daily Journal, March 5, by Adam Gorlick
http://www.dailyjournal.com

“The lawyers are having to spend more time dealing with negotiations between companies and hedge funds,” says Eric Talley…. “A lot of them are trying to advise companies on what structures can be put in place to improve governance and how to make changes to the board now. They need to find ways to immunize companies from proxy or takeover threats.”

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Eric Talley on Rise in Hotel Acquisitions

Marketplace (American Public Media), July 4, Host Scott Jagow
http://www.law.berkeley.edu/news/mediacoverage/inthenews/July1-13-07.pdf#talley

“This is a big deal in what has been sort of a series of hotel acquisitions over the last few months…One of Blackstone’s big competitors, KKR, is about to go public itself…”

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In the News



Eric Talley Explains Government Role in Oracle Suit

San Francisco Chronicle, July 30, 2010 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/30/MNEE1EM0EF.DTL

The fact that the contract was worth hundreds of millions of dollars could propel potential damages toward the upper range seen in these cases, said Eric Talley…. Hundreds of False Claims Act cases are filed each year, but the government tends to throw its full weight behind only the most promising ones, Talley said. “The (Justice Department) has determined this to be meritorious enough to put their own efforts forward, rather than sit on the sidelines,” he said.


Eric Talley Testifies in Skilled Healthcare Lawsuit

The Times-Standard, June 30, 2010 by Matt Drange
http://www.times-standard.com/ci_15407996?source=most_emailed

“They were not set up in a way to avoid maintaining adequate staffing levels,” Talley said. “These facilities have a lot of cash flow, they have insurance, they have leases and licenses. All these things may well satisfy a judgment.”


Eric Talley Argues for Financial Transparency in Tesla IPO

VentureBeat, May 27, 2010 by Owen Thomas
http://venturebeat.com/2010/05/27/elon-musk-personal-finances/

“Transparency is thought to be a good thing for the operation of capital markets,” said Talley, the Berkeley law professor. “Bare compliance with SEC rules isn’t enough.”


Eric Talley Discusses the Ambiguities of Insider Trading

Silicon Valley / San Jose Business Journal, November 13, 2009 by William-Arthur Haynes
http://sanjose.bizjournals.com/sanjose/stories/2009/11/16/story3.html

“It’s an odd thing,” Talley said. “If Company A doesn’t have a confidentiality policy that extends to the intent of future commercial purchases then, yes, it’s material and nonpublic but the employee isn’t breaching fiduciary duty by disclosing that.”


Eric Talley Grades Federal Stress Test

-Fox Business.com, June 8, 2009 by Peter Barnes
http://www.foxbusiness.com/story/markets/industries/finance/tarp-overseers-say-banks-need-new-stress-tests/

In a special study for the panel included in the draft report, Talley and Walden gave the stress test generally favorable marks. “We conclude that the Federal Reserve Board’s risk modeling approach is, on the whole, a reasonable one, erring for the most part on the conservative side,” they wrote to the panel…. Still, the researchers raised concerns about the program’s transparency and lack of data disclosure, which they said could limit checks of the test by outside researchers.

-CNBC, June 9, 2009 by Albert Bozzo
http://www.cnbc.com/id/31177176

The highly anticipated stress test report is partly the work of outside consultants. The committee said it used two “internationally-renowned experts in risk analysis” to review the process; they are Professor Eric Talley, Co-Director of the Berkeley Center for Law, Business and the Economy at the University of California, and Professor Johan Walden, an assistant professor at the University’s Haas School of Business.

-The Wall Street Journal, Market Watch, June 9, 2009 by Ronald D. Orol
http://www.marketwatch.com/story/more-stress-tests-urged-for-banks

The two academics argued that important details about bank assets were not publicly provided, making it difficult for anyone to replicate the results. They also argued that the hostile scenario considered by the tests only looked at an adverse scenario through 2010, a period that does not consider potential problems in the commercial real estate market that could continue in later years.


Gillian Lester and Eric Talley Set the Bar for Dual-Career Marriages

National Law Journal, September 8, by Vesna Jaksic
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202424312370

From Texas and Virginia to New York and California, numerous law schools across the country are employing law professors who are couples. Some of the more well-known pairings include … Gillian Lester and Eric Talley at University of California, Berkeley, School of Law.


Eric Talley Comments on SEC Plan to Reduce Credit Agencies’ Clout

Financial Times, July 3, by Neil Roland
http://www.financialweek.com/apps/pbcs.dll/article?AID=/20080703/REG/395782074/1036&template=printart

Apart from the SEC’s proposal, there has been little movement by government agencies to ease the reliance on ratings, said Messrs. Talley and Hunt…. “Everyone seems in a bit of a quandary about what to put in place of the ratings,” Mr. Talley said.


Eric Talley Discusses SEC’s Proposed Ratings Reform

Marketplace Money/American Public Media, May 30, hosted by Tess Vigeland
http://marketplace.publicradio.org/display/web/2008/05/30/sec_investment_ranking/

“The ratings agencies played a big role in putting investment-grade stamps on a lot of these mortgage-backed securities, and so the questions about how they went about rating these structured finance products—which by the way are really about sort-of repackaged mortgages, sliced, diced and julienned in a way that makes some aspects of them safe and some more risky—is going to be a real issue.”


Eric Talley Supports Congressional Inquiry into Milberg Weiss’ Illegal Conduct

San Francisco Daily Journal, May 12, by Lawrence Hurley
http://www.dailyjournal.com

Congressional action couldn’t do any harm, Talley suggested. “Shining a light on the practice will act as a deterrent,” he said. Why prosecutors didn’t act sooner in pursuing Milberg Weiss is another key question. “That’s where we want to be spending a lot of our time,” Talley said. “Why wasn’t the Justice Department able to uncover this evidence for such a long period of time?”


Eric Talley Explains Corporate Response to Shareholder Activism

San Francisco Daily Journal, March 5, by Adam Gorlick
http://www.dailyjournal.com

“The lawyers are having to spend more time dealing with negotiations between companies and hedge funds,” says Eric Talley…. “A lot of them are trying to advise companies on what structures can be put in place to improve governance and how to make changes to the board now. They need to find ways to immunize companies from proxy or takeover threats.”


Eric Talley on Rise in Hotel Acquisitions

Marketplace (American Public Media), July 4, Host Scott Jagow
http://www.law.berkeley.edu/news/mediacoverage/inthenews/July1-13-07.pdf#talley

“This is a big deal in what has been sort of a series of hotel acquisitions over the last few months…One of Blackstone’s big competitors, KKR, is about to go public itself…”



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