Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ATTORNEY TO REPAY 17200 SETTLEMENTS SACRAMENTO — An attorney accused of abusing the state unfair competition law to leverage settlements out of small businesses has agreed to return about $35,000 in settlements. Sacramento County Superior Court Judge Loren McMaster approved an agreement between Brian Kindsvater, a Sacramento solo, and the state attorney general’s office Wednesday. The AG sued Kindsvater after he filed a dozen lawsuits in Los Angeles and Sacramento under the unfair competition law, Business & Professions Code § 17200. Many of the cases were against travel agency Web sites, but Kindsvater also sued pornography sites, spammers, bulk faxers and video stores. According to the AG’s complaint, Kindsvater helped form a shell corporation called Consumer Action League, which served as plaintiff in the suits. Kindsvater’s attorney, Stephen Horan of Sacramento’s Porter, Scott, Weiberg & Delehant, emphasized that the AG did not criticize the substance of the suits, only the procedures Kindsvater followed, such as his improperly joining defendants. Besides repaying the $35,000, Kindsvater agreed not to enter prefiling agreements in 17200 actions. It also forbids him from making false statements that settling 17200 cases protects defendants from similar actions. Kindsvater’s case is the second in an ongoing controversy over 17200 to reach some kind of disposition. Earlier this month, the AG’s office obtained a default judgment against a corporation linked to the defunct Trevor Law Group of Beverly Hills. Attorneys at the Trevor firm resigned while under investigation by the State Bar. The Bar would not confirm Kindsvater was under investigation. Horan said he didn’t want to comment. — Jeff Chorney SUIT AGAINST XEROX GETS CLASS ACTION STATUS NEW YORK — A federal civil rights lawsuit filed by Xerox sales employees alleging that the company assigned them to unprofitable territories and failed to promote them because they are black has received class action status. Eastern District of New York Judge John Gleeson has affirmed a report written by a magistrate judge recommending class action certification to six plaintiffs who claim Xerox discriminated against black sales workers. Judge Gleeson’s order advised the Second Circuit U.S. Court of Appeals not to consider Xerox’s interlocutory appeal of the class certification should it seek to file one. The ruling in Warren v. Xerox Corp., 01 CV 2909, means that all black Xerox sales employees who worked for the company in the United States from Feb. 1, 1997, to the present or to the date of a judgment are included in the class. While the decision allows the plaintiffs to go forward as a class on injunctive and declaratory claims, it requires them to proceed individually in the damages and remediation phase. Plaintiffs counsel estimates the class to include about 1,000 people who worked for the corporation selling copiers, printers and other document services. Representing the plaintiffs are Leeds Morelli & Brown, based in Carle Place, and Milberg Weiss Bershad Hynes & Lerach in New York. Nixon Peabody attorney Eugene Ulterino in Rochester represents Xerox. — New York Law Journal

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.