Business Litigation, Breach of Contract, Motion to Dismiss

All You Need Is Love… And An Articulable Nexus Of Fraud

Farrell Fritz, P.C. on 1/7/2022

What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more

Massachusetts Superior Court BLS Finds No Duty To Disclose Alleged Preliminary Merger Discussions

Goodwin on 4/7/2021

Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman...more

Economic Justification for the Win – Defeating a Tortious Interference Claim

Farrell Fritz, P.C. on 8/27/2019

Consider this situation: You are a shareholder of a company who is about to enter into a contract with a third party. But you know that this is a bad deal that will negatively impact the company....more

Addressing the Statute of Limitations in Serial Asset Sales Violating an Indenture

Kramer Levin Naftalis & Frankel LLP on 6/8/2018

Market participants invest billions of dollars each year in debt, secured and unsecured. The credit support for the debt would be illusory without carefully crafted covenants that prevent the company from selling or...more

When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?

Farrell Fritz, P.C. on 2/16/2018

That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC, which was an appeal from the grant of defendant’s motion to dismiss a contractual claim seeking...more

Delaware Superior Court Explains Liability Of Signatory To Contract

Morris James LLP on 2/10/2017

This is an excellent review of when a signatory to a contract might be personally liable notwithstanding that he claims to have only signed in a representative capacity. Hint: contractual references to the signatory separate...more