Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Jennifer L. Roche

Senior Counsel
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Jennifer Roche is a senior counsel in the Litigation Department. She is a commercial litigator who focuses on complex financial services matters, antitrust disputes and securities litigation. She represents clients in a variety of industries that include private equity, banking, insurance, professional sports, health care, energy and publishing in both state and federal courts, including in bankruptcy court.

Jennifer also represents corporations in internal investigations and regulatory investigations initiated by the U.S. Securities and Exchange Commission and other government agencies. In addition, she advises clients in connection with potential mergers and acquisitions regarding target company litigation exposure.

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Standing in the Shoes of a Suspended Corporation under California Law

By Jennifer L. Roche on Posted in Appellate, California Rules
A California Court of Appeal recently provided a reminder that under Code of Civil Procedure § 368, assignment of a right to recover money or other personal property (“a thing in action”) is subject to any defense existing at or before notice of the assignment, including defenses regarding the assignor’s corporate status. Thus, an assignee … Continue Reading

California UCL Standing Requirement — On This You Can Rely

By Jennifer L. Roche on Posted in Appellate, California Rules
The California Court of Appeal recently confirmed, in case there was any doubt, that plaintiffs must allege (and ultimately prove) actual reliance to adequately state a fraudulent prong Unfair Competition Law claim (Cal. Bus. & Prof. Code 17200). In Goonewardene v. ADP, LLC, the plaintiff brought a variety of claims related to her alleged wrongful termination, both against … Continue Reading

Slapped Down: California Supreme Court Rules Anti-SLAPP Law Applies to Mixed Causes of Action

By Jennifer L. Roche on Posted in Appellate, California Rules
In Baral v. Schnitt, the California Supreme Court addressed a question that has divided California appellate courts for more than a decade: whether a special motion to strike under California’s anti-SLAPP statute (C.C.P. 425.16) can be granted with respect to a “mixed cause of action” that combines allegations concerning both protected conduct, i.e., the rights … Continue Reading

CA Corps Not Obligated to Make Records Available for Inspection in California

By Jennifer L. Roche on Posted in Appellate, California Rules
The California Court of Appeal recently ruled that an inspection demand under California Corporations Code section 1601 requires a corporation to make its books and records available for inspection at an office where they normally are kept, rather than at an office in California. Innes v. Diablo Controls, Inc.. Section 1601, likely familiar to most … Continue Reading

Standardized E-Filing: The Appealing New Feature of California Appellate Courts

By Jennifer L. Roche and Elisa M. Cariño on Posted in Appellate, California Rules
Consistent filing and service procedures will become less of an oxymoron in California – especially for those legal practitioners who appear in the state’s appellate courts. E-filing is currently not mandatory in most cases in appellate courts, but soon will be uniformly required, except for pro-se litigants. The State’s trial courts, California Superior Courts, can … Continue Reading
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