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A recent decision by a federal court in the Eastern District of New York illustrates how directors and officers (“D&O”) policies can provide valuable insurance coverage for defense costs and potential liabilities arising from False Claims Act (“FCA”) litigation.  In Northern Metropolitan Foundation for Healthcare, Inc. v. RSUI Indemnity Company, Case No. 20-CV-2224 (EK) (JAM)…

Notable litigation filed in October 2024 includes: (1) Jolley v. WCM Global Wealth, LLC, et al., No. 2024CP2306268 (S.C. Com. Pl.); (2) Vazquez, et al., v. Inventis Ventures Holding, Inc., et al., No. 2024-01436108 (Cal. Super. Ct.); and (3) Jaramillo v. AM Transport Group LLC, et al., No. 2024-020463-CA-01 (Fla. Cir. Ct.).

Jolley v. WCM…

O’Dell v. Berkshire Bank, 5:24-cv-00652 (N.D.N.Y.)

On October 31, 2024, the Northern District of New York dismissed a putative class action against Berkshire Bank (“Berkshire”) with prejudice.[1]

I. Facts

O’Dell involved the standard story of a Ponzi class action against a bank, in which investors lost money through a Ponzi scheme—perpetrated by a non-party…

Notable litigation filed during September 2024 includes: (1) Williamson, et al. v. Linarducci, et al., No. 24-cv-01526 (S.D. Ind.); (2) Perrotta v. First Edge, LLC, et al., No. 24-cv-01638 (M.D. Fla.); (3) Next Gen. Inv. Grp., LLC, et al. v. Pure Health Enters., Inc., et al., No. 24-cv-06764 (N.D. Cal.); (4) Commodity Futures Trading Commission v. Staryk, et al.,…

On September 24, 2024, California enacted Assembly Bill 2863 (the “Bill”) to take effect on July 1, 2025.[1] The Bill updates California’s regulations governing automatic renewals and continuous services. An automatic renewal or continuous service (“auto renewal contract”) is defined as a contract that renews automatically at the end of a definite term or…

Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with AccuWeather currently estimating losses between $145 and $160 billion. Earlier this week, we issued an alert with general tips policyholders should…

RELATED UPDATE: Tips for Pursuing Insurance Claims and Disaster Relief Funding in North Carolina After Hurricane Helene (October 3, 2024)

Hurricane Helene made landfall on Thursday, September 26, 2024, carrying catastrophic 140 mph winds as the first known Category 4 storm to hit Florida’s Big Bend region since records began in 1851. By Friday, Hurricane…

Notable litigation filed during August 2024 includes: (1) Garcia, et al. v. Jazzberry Digital Solutions, Inc., et al., No. 30-2024-01419250 (Cal. Super. Ct.); (2) Dottore v. Scheibal Property Development, Inc., No. cv-2024-08-08-3519 (Ohio Ct. Comm. Pl.); and (3) SEC v. Mendia-Alcaraz, et al., No. 24-cv-5823 (N.D. Cal.).…

Notable litigation filed during July 2024 includes: (1) SEC v. Kralik, et al., No. 24-cv-01460 (C.D. Cal.); (2) Yang, et al. v. Fei, et al., No. 24-cv-05055 (S.D.N.Y.); (3) Mentink, et al. v. Rowe, et al., No. 24-cv-02047 (D.D.C.); (4) Osprey Investment, Inc. v. Sawyer, et al., No. 24-cv-443476 (Cal. Super. Ct.); (5) Sharma, et…

Notable litigation filed during May 2024 includes: (1) Courtney v. Sawyer, et al., No. 24-cv-37962 (Cal. Super. Ct.); (2) two related actions by a court-appointed receiver, captioned Dottore v. FTF Lending, LLC, et al., No. CV-2024-05-1878 (Ohio Ct. Comm. Pl.); Dottore v. MHS Investors LLC, No. CV-2024-05-1904 (Ohio Ct. Comm. Pl.); and (3) two separate…