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Misrepresentation Material Misrepresentation

BCLP

The Supreme Court Considers Item 303 Violations as Basis for Securities Fraud Claims

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Corporate executives know they must disclose in their companies’ financial statements trends or uncertainties affecting their business. Such disclosure is a requirement of Item 303 of SEC Regulation S-K....more

Wiley Rein LLP

Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health...

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The United States District Court for the Central District of California, applying California law, has held that an insured behavioral health center’s material misrepresentations on an application and its prior knowledge...more

Venable LLP

Tomato, Tomahto...Let’s Call the Whole Thing Off: Virginia District Court Decision Shows Perils of Federal Contractor Teaming...

Venable LLP on

Teaming agreements are a common, beneficial, and sometimes necessary way for industry to come together and meet the federal government’s needs. But the devil is in the details. A recent decision from the U.S. District Court...more

Patterson Belknap Webb & Tyler LLP

The U.S. Supreme Court Clarifies the Standards and Proof Required to Meet the Reliance Element of a Securities Fraud Claim

On June 21, 2021, the Supreme Court issued an opinion by Justice Barrett on the reliance element of a securities fraud claim. In a unanimous portion of her opinion (the “Decision”), Justice Barrett held that courts may...more

BCLP

The High Court’s decision in Crossley & Ors v Volkswagen Aktiengesellschaft & Ors - a new direction for the law on implied...

BCLP on

In recent years, claimants in a number of banking litigation cases have sought to establish implied fraudulent misrepresentations as to the defendant banks’ alleged involvement in manipulating LIBOR, in an attempt to seek to...more

Freeman Law

Fraudulent Inducement Claims in Texas

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How Express Contract Terms and the Negotiation Process May Affect Liability - Parties entering into a contract should negotiate in good faith, but parties must also perform due diligence to protect their own interests. In...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – September 2021

Wisconsin Attorney General Hires Plaintiff’s Firm to Initiate PFAS Lawsuit Wisconsin Attorney General Josh Kaul announced that he has hired an outside plaintiff’s firm, Sher Edling LLP, to bring a lawsuit against...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

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Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Goodwin

California Federal Court Denies Motion to Dismiss Securities Class Action Arising from Uber’s IPO

Goodwin on

California Federal Court Denies Motion to Dismiss Securities Class Action Arising from Uber’s IPO; S.D.N.Y. Dismisses Ponzi Scheme Action Against HSBC Hong Kong for Lack of Personal Jurisdiction; Delaware Court of Chancery...more

Foley Hoag LLP - Environmental Law

Massachusetts Attorney General Files Long-Awaited Climate Change Lawsuit Against Exxon

On October 24, 2019, Massachusetts Attorney General Maura Healey filed a 200-page complaint against Exxon in Suffolk Superior Court, alleging violations of G.L. c. 93A, the Massachusetts Consumer Protection Act. The lawsuit...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

K&L Gates LLP

OnRisk: The Misrepresentation Defense

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In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

Proskauer - Advertising Law

No Meat on the Bones: Proposed Vegetarian Class Action against Buffalo Wild Wings Failed to Plead Actual Injury

Recently, a federal district court judge in the Southern District of New York dismissed claims asserted under New York General Business Law § 349 on behalf of a putative class of vegetarian customers of Buffalo Wild Wings. ...more

Cozen O'Connor

Rescission: An Underutilized Tool

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The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the...more

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