News & Publications

On January 18, 2024, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether trial courts can dismiss Private Attorneys General Act (PAGA) claims as unmanageable. The Court ultimately concluded that dismissing PAGA claims solely on manageability grounds — even if those claims are complex or time-intensive — is not among the tools that trial courts possess but left various other means for limiting or dismissing PAGA claims [...]

On 5 February 2024, the US Fifth Circuit Court of Appeals heard oral arguments from the Securities and Exchange Commission (SEC) and industry groups representing private investment fund sponsors, in the industry groups' ongoing petition to vacate the new private fund adviser rules (PFAR) adopted by the SEC on 23 August 2023. Arguments from both sides largely centered on whether the SEC overstepped its authority in adopting the PFAR. While both sides agreed that private funds are [...]

On Monday, January 29, 2024, the Colorado Supreme Court issued a decision that clarifies when Colorado's three-year statute of limitations for breach of contract claims starts to run, holding that "a breach of contract claim accrues at the time the breach is, or in the exercise of reasonable diligence should have been, discovered." In City & Cty. of Denver v. Bd. of Cty. Comm'rs of Adams Cty., 2024 CO 5, the Colorado Supreme Court addressed a claim [...]