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California › Omissions

Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

Lewitt Hackman on

A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

Kilpatrick on

We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

A&O Shearman

Northern District Of California Pares Claims In Putative Class Action Against Social Media Company

A&O Shearman on

On September 30, 2024, Judge Araceli Martínez-Olguín of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action asserting claims...more

Allen Matkins

Does The Securities Exchange Act Of 1934 Preclude Actions In State Court Under Corporations Code Section 25401?

Allen Matkins on

Section 25401 of the California Corporations Code declares generally declares unlawful to make false statements of a material fact or or omit material facts when buying or selling a security.  It is therefore similar to Rule...more

Allen Matkins

DFPI Goes Multimedia In Recent Crypto Enforcement Actions

Allen Matkins on

Early this week, the California Department of Financial Protection and Innovation issued desist and refrain orders alleging violations by the following individual and entities...more

Allen Matkins

DFPI, CFTC And Hawaii DCCA/SEB File Suit Against Precious Metals Dealer

Allen Matkins on

Yesterday, the California Department of Financial Protection & Innovation joined with the Commodity Futures Trading Commission and the Hawaii Department of Commerce and Consumer Affairs, Securities Enforcement Branch in...more

Allen Matkins

Why Privity Matters

Allen Matkins on

In 2011, I posed the following question: Is Privity Required Or Not Required Under Section 25500?  Section 25500 of the California Corporations Code provides the remedy for violations of Section 25400 which declares unlawful...more

A&O Shearman

Northern District Of California Allows Certain Securities Fraud Claims To Proceed Against Cloud Services Company, Holding...

A&O Shearman on

On September 11, 2020, Judge William H. Orrick of the Northern District of California denied a motion to dismiss a putative securities class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange...more

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