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HomeMy WebLinkAbout96-66 - Opposing Proposition 211RESOLUTION NO. 96- 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALIFORNIA, IN OPPOSITION TO PROPOSITION 211, THE FRIVOLOUS SECURITIES LITIGATION INITIATIVE WHEREAS, Congress passed tough consumer protection laws that curbed • securities lawyers from filing abusive suits in federal court; and WHEREAS, Proposition 211, the Securities Litigation Initiative, has been sponsored by an elite group of East Coast lawyers to allow them to file frivolous class- action suites in California that are now banned in federal court; and WHEREAS, California would be the only state in the nation to effectively overturn federal law and would become a haven for frivolous lawsuits clogging California's already overburdened courts; and WHEREAS, a handful of securities lawyers spent millions of dollars to launch the initiative - one East Coast law firm already put in $3.6 million to protects its ability to file frivolous suits; and WHEREAS, passage of Proposition 211 would discourage businesses from locating in California and help drive California's publicly traded companies out of state; and WHEREAS, a recent economic study revealed that the initiative would cause California's economic output to decrease by $106 billion over the next ten (10) years costing the state nearly 160,000 jobs over the same period; and WHEREAS, slower economic growth would deprive the state treasury of $3.4 billion to $5 billion in tax revenue over the next 10 years; and WHEREAS, the measure would cost the taxpayers nearly $100 million in new court costs over the next 10 years; and WHEREAS, California is just emerging from a statewide recession largely due • to the strength of its bio -tech and high -tech industries which are crucial to the state's economic survival; and WHEREAS, money wasted on frivolous securities lawsuits takes company resources away from research and development, including discovering new cures, treatments and drugs to fight disease; and Res. 96 -66 WHEREAS, Proposition 211 would create new liability for small businesses, including business lawyers, CPA's, banks, stockbrokers, public relations firms and financial planners; and WHEREAS, new personal liability for directors and corporate officers would • make it difficult for growing businesses to attract the experience and talent needed to compete; and WHEREAS, government officials, such as the Orange County treasurer held accountable for bad investments resulting in the County's bankruptcy, would be exempt from liability within the measure's provisions; and WHEREAS, lawyers' fees would be unlimited, allowing them to pocket the lion's share of settlements leaving shareholders with pennies per share; and law. WHEREAS, investors are already protected under strong federal and state NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Newport Beach opposes Proposition 211, the Securities Litigation Initiative under which securities lawyers win and California business, seniors and investors lose, and urges Californians to oppose the Measure on the November 5, 1996 Ballot. ADOPTED this 26th ATTEST: CITY CLERK \ >. fnQfox.A day of August MAYOR 1996.