Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Sec V. Talbot: The "Misappropriation-Plus" Theory, Kalina Laleva
Sec V. Talbot: The "Misappropriation-Plus" Theory, Kalina Laleva
Golden Gate University Law Review
No abstract provided.
Securities Law, Peter A. Maclaren
Securities Law, Peter A. Maclaren
Golden Gate University Law Review
In Hocking v. Dubois, the Ninth Circuit held that where an arrangement to sell a condominium included an option to participate in a rental pool arrangement ("RPA"), the arrangement constituted an investment contract. Consequently, what appeared to be a simple sale of real estate was subject to the provisions of the federal securities laws including the antifraud provisions of Rule I0b-5. This note will examine the rationale supporting the Ninth Circuit's application of securities law to condominium sales, examine the application of rules limiting private causes of action, and analyze the issues presented by the facts of Hocking.