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Tiomkin Law Offices of Elliott Tiomkin > Articles posted by admin

Borrowers Denied Cert. In Green Home Loans Suit

Law360 (May 29, 2020, 2:54 PM EDT) -- A federal judge in California on Thursday denied a bid for class certification in a suit accusing a green home upgrades financing company of misrepresenting the terms of its loans, telling the borrowers they didn't show they had actually viewed various versions of the company's alleged misrepresentations.In her May 28 order, U.S. District Judge Laurel Beeler told homeowners who had financed environmentally friendly home improvements using loans furnished by Ygrene Energy that they didn't meet the standards for class certification.The Ygrene borrowers moved for class certification in June 2019, laying out a...

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Constellation Revises Gallo $1B Deal Again To Placate FTC

Law360 (May 28, 2020, 9:32 PM EDT) -- Constellation Brands said Thursday it has removed yet another alcohol brand from the menu of its partial portfolio sale to E. & J. Gallo Winery to address Federal Trade Commission antitrust concerns, revising a deal that was once valued at $1.7 billion down to just over $1 billion.Constellation Brands Inc., the company behind Corona and Modelo beer, said its California-based Mission Bell winery is now excluded from the transaction, which saw brands dropped in December as well. The latest cut removes Mission Bell facilities and certain related real estate, equipment, contracts and employees...

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Nev. Officials Probe MedMen Exec’s Campaign Contributions

Law360 (May 28, 2020, 9:28 PM EDT) -- The Nevada Secretary of State on Thursday said he is investigating allegations that former MedMen CEO Adam Bierman sought to evade campaign finance laws by pressing a former executive to donate to a Silver State politician.The allegations, made in a pending lawsuit by MedMen's former chief financial officer, were cited in an explosive story in Politico this week tracing the rise and fall of the one-time darling of the cannabis industry, which has been laid low by lawsuits, layoffs and unpaid bills."The Nevada Secretary of State's office only recently became aware of...

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Ripple Securities Suits Consolidated In Calif. Federal Court

Law360 (May 28, 2020, 9:26 PM EDT) -- Two cases against Ripple Labs Inc. that allege the company engaged in an unregistered securities offering of the digital currency XRP were consolidated Thursday by a California federal judge aiming to avoid inconsistencies addressing the "novel and nuanced" questions at play.Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California ordered a case brought by little-known Bitcoin Manipulation Abatement LLC against Ripple and its CEO Bradley Garlinghouse be consolidated with a putative class action led by Bradley Sostack first filed in May 2018 against the same defendants.BMA...

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House Dems Ask FTC To Probe TikTok Over Kids’ Privacy Deal

Law360 (May 28, 2020, 9:20 PM EDT) -- More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. In a letter to FTC Chairman Joseph Simons Thursday, Reps. Annie Kuster of New Hampshire and Jan Schakowsky of Illinois, joined by 12 of their Democratic colleagues on the House Energy and Commerce Committee,...

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Court Won’t Pare Down Plumber’s Insurance Bad Faith Suit

Law360 (May 28, 2020, 9:18 PM EDT) -- A California appeals court on Wednesday rejected Navigators Specialty Insurance Co.'s bid to trim portions of a plumbing contractor's bad faith lawsuit claiming the insurer mishandled its defense of construction defect actions, finding the allegations in question do not run afoul of a state statute barring lawsuits aimed at stifling free speech.A three-judge panel of the state Court of Appeal's Fourth Appellate District affirmed a trial court's ruling denying Navigators' special motion to strike 14 paragraphs of allegations from policyholder Trilogy Plumbing Inc.'s bad faith lawsuit pursuant to a California statute prohibiting...

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Feds Say Virus No Basis For Ex-Bumble Bee CEO To Skip Jail

Sign up for our White Collar newsletter You must correct or enter the following before you can sign up: Thank You! Law360 (May 28, 2020, 9:14 PM EDT) -- Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment. The government is angling to put the Lischewski behind bars for up to a decade and saddle him with a $1 million fine after a jury found him guilty in...

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CPUC Approves PG&E’s $58B Ch. 11 Plan Despite Criticism

Law360 (May 28, 2020, 9:12 PM EDT) -- The California Public Utilities Commission on Thursday voted unanimously in favor of Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan after hearing more than 100 public comments from customers against it and three comments in support of it.In a 5-0 vote, the commissioners gave PG&E's reorganization plan their official nod, while noting that the nation's largest investor-owned utility must meet the statutory requirements of the recently enacted Assembly Bill 1054, which includes a provision that the plan is confirmed by June 30, in order to access $21 billion in taxpayer-backed...

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Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

Law360 (May 28, 2020, 8:53 PM EDT) -- A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers that claims the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.In a Wednesday filing, the companies said the class claims were inadequate — namely because the proposed class was not cohesive. Bausch and others said named plaintiffs Meijer Inc., KPH Healthcare Services Inc. and Bi-Lo LLC faced different circumstances than those in the proposed class.They "are almost entirely unlike...

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Alsup Slams ‘Criminal’ PG&E’s ‘C-R-A-P-P-Y’ Fire Mitigation

Law360, San Francisco (May 28, 2020, 8:50 PM EDT) -- U.S. District Judge William Alsup slammed wildfire mitigation efforts by "recalcitrant criminal" Pacific Gas and Electric Co. on Thursday, saying the bankrupt utility is violating probation by failing to trim enough trees and that, "if ever there was a corporation that deserved to go to prison, it's PG&E."PG&E must address its tree-trimming backlog that accumulated while it was "paying dividends and executive bonuses instead of cutting trees," Judge Alsup said during the utility's probation hearing by phone on Thursday, the same day that the California Public Utilities Commission voted in...

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