The Capital Commitment

Proskauer on Private Fund Litigation

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Manuel F Cachán

An experienced trial lawyer and litigator, Mr. Cachán has represented Fortune 500 companies before federal and state courts around the country in breach-of-contract litigations, securities and banking actions, product liability actions, professional malpractice cases, suits brought under California’s Unfair Competition Law and many other substantive legal areas. In the last several years, Mr. Cachán has served as trial counsel in various significant and high-profile matters.

Recently, Mr. Cachán has represented Johnson & Johnson as trial counsel in a bellwether wrongful death product liability action filed against the company, alleging that Tylenol® can cause severe liver injury in some individuals. In a counseling role, Mr. Cachán has represented Wells Fargo in several high-stakes litigations, including a class action brought by the City of Los Angeles alleging the bank has engaged in unlawful sales practices, two other matters brought by the cities of Los Angeles and Oakland alleging disparate-impact race discrimination in connection with mortgage lending, and several suits alleging the mismanagement of investments made on behalf of various pension companies. Mr. Cachán has represented NBCUniversal in an arbitration involving the profits from a series of popular made-for-television movies.

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Veil-Piercing Under California Law – Heightened Risks for Fund Managers

We recently posted about the risks associated with veil-piercing claims and the ways in which fund managers can protect themselves from exposure to these claims. Our first post on veil-piercing focused on Delaware standards, while this post discusses California law. California law differs in several important respects from Delaware law on this topic. If a … Continue Reading

Veil Piercing/Alter Ego Determinations – How Fund Managers Can Protect Themselves

A veil piercing claim can be a worst-case scenario for a private fund manager dealing with a struggling portfolio company investment – the company fails, and ensuing legal claims are brought not only against the portfolio company, but also against the fund and its GPs. How can fund managers manage that risk? Limited liability is … Continue Reading

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