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

Francisco Partners (FP) has announced it will AdvancedMD from Global Payments.

AdvancedMD, founded in 1999 and based in South Jordan, Utah, is a cloud-based provider of medical office software.

FP, founded in 1999 and based in San Francisco, is a private equity firm that specializes in investments in technology and technology-enabled businesses.

Global

Resurgens Technology Partners has invested in Movemedical, according to a news release.

Movemedical, founded in 2019 and is based in San Diego, is an enterprise software platform for medical device inventory management.

Resurgens, based in Atlanta, is private equity firm focused on investing in North American and select European lower middle market businesses with a

Patient Square Capital will make a strategic investment in CorroHealth, according to a news release.

CorroHealth, founded in 2019 and based in Plano, Texas, is a provider of revenue cycle management solutions to health systems and health plans.

Patient Square, based in Menlo Park, Calif., is dedicated healthcare investment firm. Founded in

Labeling litigation in the food and beverage space remains vigorous, especially in California.  To avoid becoming a party to such litigation, participants in the manufacturing and sale of consumer products must take care to ensure that their labeling and marketing of products is accurate and is not misleading as prohibited by various consumer protection statutes.  A recent opinion in a pending California action highlights the increase in “greenwashing” litigation – where plaintiffs claim that labels and marketing materials misrepresent the environmentally sustainable practices associated with a product.

On Oct. 22, 2024, the Securities and Exchange Commission (SEC) announced settled charges against four current and former public companies, Unisys, Avaya Holdings, Check Point Software Technologies and Mimecast, for allegedly making materially misleading statements in their public disclosures regarding cybersecurity intrusions and risks following the SolarWinds Corporation software hack. This wave of enforcement actions

The U.S. Department of Justice has annunciated several enforcement priorities relevant to the healthcare sector: senior care, opioids, cybersecurity and privacy, and – of particular interest to listeners of “The Corner Series” – private equity investors in the healthcare space.

Michael Podberesky, a former DOJ prosecutor who is now co-chair of McGuireWoods’ False

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