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Civil Litigation

Dec. 17, 2015

Despite recent efforts, UCL still does not cover securities transactions

The UCL, a staple of civil litigation in California, gives a plaintiff who has lost money or property as a result of a prohibited business practice a right to sue for restitution and obtain an injunction, among other remedies. By Peter B. Morrison and Kevin J. Minnick

Peter B. Morrison

Partner
Skadden, Arps, Slate, Meagher & Flom LLP

300 S Grand Ave
Los Angeles , CA 90071

Phone: (213) 687-5304

Email: peter.morrison@skadden.com

New York Univ SOL; New York NY

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By Peter B. Morrison and Kevin J. Minnick

California's Unfair Competition Law, aka the UCL or Section 17200, broadly prohibits "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising." Although the UCL is often considered a robust consumer protection statute, it has never covered securities transactions, as the California Court of Appeal first held in Bowen v. Ziasun Technologies Inc...

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