San Francisco Chronicle, October 13, 2011 by David R. Baker
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/10/12/BU1A1LGVP3.DTL&type=business

“When a CEO gets into a position where the company may be facing criminal prosecution or a criminal investigation, the likelihood of the CEO leaving gets pretty high,” said Eric Talley, co-director of the UC Berkeley Center for Law, Business and the Economy.

-Reuters, September 16, 2011 by Mary Slosson
http://reut.rs/pyG2Zk

“As a general matter, this could be a cautionary tale about trying to litigate the bejeezus out of an unhappy situation,” Talley said.

-The Wall Street Journal, September 17, 2011 by Liz Moyer
http://on.wsj.com/nlikg8

“This may have been more than anything else a very unsettling divorce,” said Eric Talley, a law professor at the University of California at Berkeley. “They ended up in an arms race of litigation.”

Reuters, September 9, 2011 by Mary Slosson
http://www.reuters.com/article/2011/09/09/us-gundlach-tcw-tradesecret-idUSTRE7885OJ20110909

“In the financial services industry, trade secrets relate to some underlying valuation model or algorithm,” said Eric Talley, director of the University of California Berkeley Center for Law, Business, and the Economy. “That’s sometimes quite difficult to prove. These are specifics that are often very confusing even to professional business people and accountants.”

KQED-FM, Forum, July 25, 2011 Host Michael Krasny
http://www.kqed.org/a/forum/R201107250900

“Well, one of the most interesting things about Dodd-Frank, and it’s probably true about most types of financial reform, is that when Congress promulgates these acts, there’s a lot of fact-finding that has to be done to go into filling out the details, and therefore Congress almost necessarily has to kick the can down the road to the various regulatory entities.”

Bay Area News Group, May 21, 2011 by Matthias Gafni
http://www.insidebayarea.com/oaklandtribune/localnews/ci_18107993

“As long as there’s a genuine belief by the sponsors, even if it’s wrong, it wouldn’t necessarily be false advertising it would just be an incorrect prediction,” Talley said.

Daily Journal, May 17, 2011 by Erica E. Phillips
http://www.dailyjournal.com (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

“One thing became increasingly clear: It’s pretty hard to operate in [corporate and securities law] without having a pretty good understanding of exactly what it is that investment bankers are doing. The stakes have gone up, and the complexity of deals has gone up.”

San Francisco Chronicle, April 24, 2011 by James Temple
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/04/24/BUPR1J4HRL.DTL

“Courts have become more skeptical of these claims, but as the stakes in them have gone up, they’re more frequently asserted as well,” said Eric Talley, co-director of the Berkeley Center for Law, Business and the Economy. “They have a lower probability of success, but if they succeed they’re worth a lot of money.”

The New York Times, DealBook, March 2, 2011 by Jesse Eisinger, ProPublica
http://nyti.ms/hxDNHH

Now the banks are reporting on their own internal capital plans based on their own asset assessment. “It could be that banks have been really assiduous about own risk portfolios,” Professor Talley said. “Or it could be that too much control over the process has been handed over to banks. It’s hard to tell.”

American Public Media, Marketplace, January 5, 2011 by Stacey Vanek Smith
http://bit.ly/h6Noo0

“The SEC undoubtedly is going to be kicking the tires of this deal, and they’re probably going to be doing so for a number of months. This is in part because they are wary of the possibility that down the road you’re going to see many, many more deals that are mimicking this exact structure.”

San Jose Mercury News, November 5, 2010 by Pete Carey
http://www.mercurynews.com/business/ci_16538210

Hurd may have breached his duty not to disclose confidential corporate information, said Eric Talley…. But if she didn’t tell anyone else who traded on the information, HP was probably under no obligation to disclose it…. “If the board had reason to believe this person was not going be trading on inside information, or tipping others, it’s hard to cobble together a story the board should be doing anything more,” he said.

The Wall Street Journal, October 27, 2010 by Cari Tuna
http://online.wsj.com/home-page (requires registration; go to G:\Law School in the News\News Clips for article)

Mr. Talley said it is possible the two companies will reach a settlement before the trial is scheduled to begin. But he adds that Mr. Ellison’s statements, and the wide gap in damages assessments, suggest a pre-trial settlement is unlikely. “Usually when companies are trying to work out a settlement, they’re relatively quiet on the public airwaves,” Mr. Talley said. “That’s not been the case here.”

San Francisco Chronicle, September 29, 2010 by Benny Evangelista
http://bit.ly/buMZgd

“Today’s news has kind of reminded people that AOL is actually not dead and buried,” said Eric Talley…. The acquisition of TechCrunch, which has about 40 employees, contractors and contributors, “is not a gigantic deal,” but it does give AOL a well-known brand within the tech community, Talley said. AOL also gains the potentially valuable CrunchBase online database of company and investor information. “That data could be the source of all types of future services that AOL is interested in getting into.”

Reuters, September 29, 2010 by Bill Berkrot
http://uk.reuters.com/article/idUKTRE68S4WO20100929

“This is literally one of the things that keep M&A lawyers up at night,” said Eric Talley…. “People have tried that kind of an argument in a lot of judicial venues to say, ‘Judge, I want you to ignore the formal structure of this merger and pierce into its economic realities and call it what it is.’ Courts have been very unfriendly to that approach,” Talley said. While there is at least one notable exception … Talley said, “the doctrine has continued to persist in corporate law that the way you structure a deal really matters.”

KCBS-AM, September 7, 2010 Hosts Rebecca Corral and Melissa Culross
(Link no longer active. Go to G:\Law School in the News\News Clips for transcript.)

“This is a very, very difficult collision course between intellectual property on the one hand and building your own resume of experience on the other hand. To some extent it has got to be the case that with a large tech-oriented company like HP, there are going to be very, very confidential pieces of information that are going to be extremely valuable to someone else.”

The Conglomerate, August 26, 2010 by Eric Talley
http://bit.ly/9QMXpJ

But beyond political remonstration, what does this actually mean for investors? That’s the exciting $60-trillion dollar question. My candid answer is a little less titillating: Given the stock of empirical knowledge we have today, I submit that the only responsible answer to this question is a cautious combination of “it depends,” or “we don’t fully know.” And that’s why I think—a bit ironically—that proxy access may have been the right move for the SEC to take.

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.

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.”

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.”

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.”

-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.