Notable litigation filed during June 2023 includes: (1) Bowman v. Unibank; (2) SEC v. Baston; (3) Hafen v. Guyon, et al.; (4) SEC v. Royal Bengal Logistics, et al.; (5) Decimal Capital Partners v. Benavente; and (6) Agri Capital v. Soberal, et al.

Bowman v. Unibank, No. 2:23-cv-00971-JCC (W.D.

Much has been written about the Consumer Financial Protection Bureau’s recent “Policy Statement on Abusive Acts or Practices,”[1] in which the Bureau analyzed the prohibition on abusive conduct in the Consumer Financial Protection Act of 2010 (CFPA). In response to the statement’s publication in the Federal Register, comments were submitted by banks, credit unions, debt collectors, and others.[2] But the Bureau’s policy statement should be of particular interest to another class of persons: real-estate agents who participate in joint ventures with mortgage or title companies.

In the premiere episode of The Professor’s Corner, McGuireWoods partner David Pivnick shared best board practices to mitigate risk when making challenging decisions. In this follow-up episode, David joins host Geoff Cockrell to expand on a larger trend in healthcare litigation: Private equity funds are finding themselves legally responsible for the activity of the companies…

Blackford Capital has announced it has acquired PACIV.

PACIV, with its U.S. headquarters in Indianapolis, is a provider of industrial process automation and systems integration. Founded in 1997, the company primarily support manufacturers in the pharmaceutical and life sciences industries.

Blackford, based in Grand Rapids, Mich., is a lower middle market private equity…

Earlier this year, the U.S. District Court for the Western District of Oklahoma granted Washington state’s motion to intervene to transfer venue to the Western District of Washington in James Siegel, M.D. v. Novo Nordisk, Inc. Relator Dr. Siegel originally filed suit in Oklahoma on February 2, 2015, alleging violations of the Federal False Claims Act (FCA), the Washington Medical Fraud False Claims Act, and the Oklahoma False Claims Act, among other state law infractions. On January 23, 2020, Washington intervened, adding additional claims under Washington’s Fraudulent Practices Act. Oklahoma and the federal government did not.  The district court dismissed Oklahoma state law claims, and Washington subsequently moved to transfer the case, limited now to FCA and Washington claims, to the federal court in their own state. The court granted their motion.

Introduction

If you have ever telephoned a customer support hotline to be greeted with an explanation that “this call may be monitored for quality assurance,” you are familiar with the implications of various state laws governing the recording of telephone conversations. Most states have cold-war era wiretapping laws, with some states providing for two-party consent, meaning the recording party must announce to the other party it plans to record the call. Thus, the industry standard practice is to announce the call shall be recorded to avoid civil liability from such wiretapping statutes that provide private rights of action.

On May 4, 2023, Indiana Gov. Eric Holcomb signed into law Indiana’s Senate Enrolled Act 7 (SEA 7), which further restricts physician noncompete agreements between employers and physician employees and becomes effective July 1, 2023.

As discussed in further detail below, SEA 7 (i) makes primary care physician noncompete agreements unenforceable; (ii) makes existing noncompete…

Comvest Partners has announced it has acquired Your Behavioral Health (YBH).

YBH, based in Torrance, Calif., is a provider of mental health and addiction treatment services for adults and teens. The company operates 17 facilities throughout Southern California, providing clinical inpatient, outpatient, interventional psychiatry and residential care across its family of brands.

Comvest,…