The Clients’ Waiver of Their Rights Under Regulation BI of the Securities and Exchange Commission

TAMAR FRANKEL

BU Law emerita professor Tamar Frankel discusses the Securities and Exchange Commission (SEC)’s Regulation Best Interest (BI), which imposes on broker-dealers a commitment to act in the best interests of their clients. Specifically, Frankel addresses the SEC’s treatment of client waivers of the Regulation BI, which goes even further than general fiduciary law to prohibit any waiver of the broker-dealer’s conflicting interests.

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Zehia v. Super. Ct.

Docket: D076449(Fourth Appellate District)

Opinion Date: February 20, 2020

Judge: Judith McConnell

Areas of Law: Civil Procedure, Personal Injury

California resident Nicholas Nadhir sued non-resident Yousef Zehia for defamation, violation of the online impersonation law, appropriation of name or likeness, and intentional infliction of emotional distress based on Zehia's sending of allegedly defamatory statement to California residents through private online social media messages with the aim of interfering with the residents' personal relationships. Zehia moved to quash service of summons and the trial court denied the motion to quash on grounds that the exercise of specific personal jurisdiction over Zehia was proper. Zehia filed a petition for writ of mandate requesting that the Court of Appeal direct the trial court to vacate its order denying his motion to quash and enter a new order granting the motion to quash. The Court concluded Zehia's suit-related conduct created a substantial connection between Zehia and California sufficient to support the exercise of specific personal jurisdiction over him. Therefore, the trial court correctly denied the motion to quash. Zehia's writ petition was denied.

People v. Medellin

Docket: F076022(Fifth Appellate District)

Opinion Date: February 20, 2020

Judge: Snauffer

Areas of Law: Criminal Law

The Court of Appeal reversed defendant's convictions for assault with force likely to cause great bodily injury, and their accompanying enhancements for inflicting great bodily injury. The court held that, if the trial court erred by not instructing the jury on the lesser included offense, defendant waived the error; sufficient evidence supported each verdict; but the prosecutor's closing argument, which relied on and quoted CALCRIM's great bodily injury definition, prejudicially misstated the law.