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Litigation

Sanchez v. Valencia Holding Co., LLC: The California Supreme Court rejects a post-Concepcion unconscionability challenge in a consumer-fraud class action and compels arbitration

California has been a battleground for litigants testing whether and under what circumstances mandatory arbitration provisions and class action waivers will be enforced. A recent decision from the California Supreme Court, Sanchez v. Valencia Holding Co., No. S199119, 2015 WL 4605381 (Cal. Aug. 3...

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Insurance Coverage & Recovery

Risky Business: A litigator’s perspective on insurance coverage gaps

MCC: In terms of risk management, what are some of the emerging issues that corporations are facing? Schouest: Given the global economy and its dependence on technology, cyber risk is obviously one important issue on the risk management side. Utility services interruption is another big area,...

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Litigation

Supreme Court Trues Up False Claims: Recent decision limits impact of wartime suspension and first-to-file bar on FCA suits

On May 26, 2015, the Supreme Court ruled on two significant questions impacting FCA claims – (1) whether the Wartime Suspension of Limitations Act (“WSLA”) tolls the statute of limitations in civil FCA cases during times of war; and (2) whether a first-filed case is still deemed...

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