Misrepresentation

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

by Simon Baxter, Frederic Depoortere, Ingrid Vandenborre, James Venit | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

Employee Working For You? You Say "No", LinkedIn Says "Yes"

by Michael Schmidt | Cozen O'Connor on 5/21/2013

Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more

Florida Court Reconfirms that Insurance Policies May be Voided Based on an Insured’s Innocent Misrepresentations

by Aaron Mandel | Sedgwick LLP on 5/3/2013

Earlier this week, the Florida District Court of Appeal once again concluded that, where an insurance policy does not impose a stricter standard for voiding insurance policies based on misrepresentations than section 627.409...more

Casting a Smaller Net: Seventh Circuit Requires "Net Trebling" Under FCA – Potentially Impacting Settlement Dynamics for all...

by Christopher R. Hall, Brian Simons | Saul Ewing LLP on 4/24/2013

The Seventh Circuit recently ruled that under the False Claims Act (“FCA”) treble damages should be calculated by the net amount of loss suffered by the government (after appropriate setoffs or credits are deducted) rather...more

Don’t Lie About Assets Under Management

by David Jenson | Leonard, Street and Deinard - Dodd-Frank and... on 4/19/2013

Umesh Tandon, president, chief compliance officer, and sole owner of Simran Capital Management, recently agreed to a settlement with the SEC relating to alleged violations of the Investment Advisers Act of 1940 and the...more

Rogers Towers: Debts Non-Dischargeable When Use of Proceeds Intentionally Misrepresented

by Scott St. Amand, J. Ellsworth Summers, Jr. | Rogers Towers on 4/16/2013

When an individual obtains a loan with no intention of repaying the lender, it is well established that such a debt is not dischargeable in bankruptcy. If, however, a debtor does not misrepresent its intent to repay the...more

April 2013: London Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/9/2013

Piercing the Corporate Veil: VTB Capital plc v. Nutritek International Corp and Others [2013] UKSC 5 - In a recent case, the United Kingdom Supreme Court unanimously refused to pierce the corporate veil in order to treat an...more

Franchising in Ontario - April 2013

by Lia Bruschetta, Mary Paterson, Aislinn Reid | Osler, Hoskin & Harcourt LLP on 4/9/2013

Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a...more

SOX Whistleblower Protection Expanded by a Federal Appeals Court

by Katherine H. Marques, Michael Starr | Holland & Knight LLP on 4/8/2013

A federal appeals court recently made it substantially easier for plaintiffs to assert claims that they were fired for "whistleblowing" activity protected by the Sarbanes-Oxley Act ("SOX"). In Wiest v. Lynch, 2013 WL 1111784...more

U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA...

by Paul Flum, Raymond Hasu | Morrison & Foerster LLP on 4/1/2013

On March 25, 2013, the U.S. Supreme Court invited the U.S. Solicitor General to express its views on whether the Court should grant a certiorari petition in Dudenhoeffer v. Fifth Third Bancorp, et al., No. 12-751. Although...more

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

by Jeffrey L. Massey, Eric Robinson, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

by Michael D. Lipton, Ryan M. Shannon, Jack Tadman, Kevin J. Weber | Dickinson Wright on 3/27/2013

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no...more

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

by Nejat Ahmed | Cozen O'Connor on 3/21/2013

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

The Material Impact of the Amgen Decision on D&O Insurance

by Matthew Klebanoff, Angelo Savino | Cozen O'Connor on 3/8/2013

In Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (Slip Op. Feb. 27, 2013), the U.S. Supreme Court, in a 6-3 majority opinion (Ginsburg, J.), affirmed the U.S. Court of Appeals for the 9th Circuit’s...more

Judge Upholds U.S. Automobile Dealers In Fraud and Conspiracy Lawsuit Against Indian Truck Manufacturer Mahindra

by Michael Diaz Jr. - Diaz Reus International... on 3/8/2013

Originally published in PR Newswire on March 7, 2013 A federal judge has upheld a lawsuit by U.S. automobile dealers accusing Indian truck manufacturer Mahindra & Mahindra, Ltd. and its U.S. counterpart of fraud,...more

Don’t Miss The Boat On Rescission Claims

by Kristin Suga Heres | Zelle Hofmann Voelbel & Mason LLP on 3/6/2013

Originally published in Insurance Law360 on March 5, 2013. As victims of Superstorm Sandy and their insurers continue to comb through their losses and their insurance policies, it is likely that the underwriting...more

SCOTUS Declines Review in Case Allowing Health Care Provider to Pursue State Law Misrepresentation Claims Against ERISA Health...

by James Hazlehurst | Barger & Wolen on 3/1/2013

The United States Supreme Court recently denied certiorari in a Fifth Circuit case, United Healthcare Insurance Co. v. Access Mediquip LLC, that allowed a health care provider to pursue state law misrepresentation claims...more

California Supreme Court Expands Fraud Exception to the Parol Evidence Rule, Eliminating Significant Barrier to Claims of...

by Nancy Sher Cohen, Shawn Ledingham, Jr | Proskauer Rose LLP on 3/1/2013

Last month, the California Supreme Court overruled longstanding precedent and restored to full force the fraud exception to California's parol evidence rule. In Riverisland Cold Storage, Inc. v. Fresno-Madera Production...more

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French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

Employee Working For You? You Say "No", LinkedIn Says "Yes"

Florida Court Reconfirms that Insurance Policies May be Voided Based on an Insured’s Innocent Misrepresentations

Casting a Smaller Net: Seventh Circuit Requires "Net Trebling" Under FCA – Potentially Impacting Settlement Dynamics for all...

Don’t Lie About Assets Under Management

Rogers Towers: Debts Non-Dischargeable When Use of Proceeds Intentionally Misrepresented

April 2013: London Litigation Update

Franchising in Ontario - April 2013

SOX Whistleblower Protection Expanded by a Federal Appeals Court

U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA...

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

The Material Impact of the Amgen Decision on D&O Insurance

Judge Upholds U.S. Automobile Dealers In Fraud and Conspiracy Lawsuit Against Indian Truck Manufacturer Mahindra

Don’t Miss The Boat On Rescission Claims

SCOTUS Declines Review in Case Allowing Health Care Provider to Pursue State Law Misrepresentation Claims Against ERISA Health...

California Supreme Court Expands Fraud Exception to the Parol Evidence Rule, Eliminating Significant Barrier to Claims of...

FTC Settlement Restricts Use of Web Tracking Technology

North Carolina Securities Act Claims Take Shape In The Business Court

Funeral Home Accused of Swapping Remains

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

Court Confirms That S. 130 Of The Ontario Securities Act Applies Only To Primary Market Purchasers

Court Of Appeal Agrees To Reconsider Timminco

Class Certification Denied In Recent Consumer Products False Advertising Cases

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