News & Analysis as of

Fraud Contract Terms

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Ice Miller

As the Department of Justice Affirms and Advances Its Cyber-Fraud Initiative, Government Contractors Should Take Steps to Ensure...

Ice Miller on

While some areas of white-collar enforcement have been deprioritized by the Trump Administration, the Department of Justice (DOJ) remains committed to its Civil Cyber-Fraud Initiative as demonstrated by two recent False...more

Robinson+Cole Construction Law Zone

Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of...more

Carlton Fields

A Bridge Too Far: Pennsylvania Federal Court Declines to Extend Coverage Beyond Policy’s Plain and Unambiguous Terms

Carlton Fields on

It’s apt to name a blog post after one of history’s great action movies when the case involves a “conceptual artillery duel” that “ends in a draw,” and that is exactly how U.S. District Judge Gerald Austin McHugh Jr. of the...more

Miller Nash LLP

The Northwest Policyholder | When the Application is the Risk: Application-Based Insurance Policy Rescission

Miller Nash LLP on

Surprised insurers are unhappy insurers. And unhappy insurers are more likely to resist paying claims. As are insurers who fail to heed their good faith and other obligations to their policyholders. So if you seek coverage...more

Fox Rothschild LLP

IFA Takeaways: How Smart Franchisors Stay Out of Court

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The International Franchise Association’s Annual Convention is always filled with useful take home information for franchise practitioners. Last week, I attended the session “Proactive Strategies for Franchisors to Prevent...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

Venue and Retainer Agreements - Price v. Kohn, Swift & Graf, P.C., 24-CV-04720 (JMW), 2024 WL 4528928 (E.D.N.Y. Oct. 18, 2024) - In this case, argued by Nicholas P. Chrysanthem of tour New York City and Long Island offices,...more

Snell & Wilmer

Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine

Snell & Wilmer on

In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of...more

Adams & Reese

“Hidden Ball Trick” – Yankees’ Aaron Judge Case Involving Deception Carries Lessons for Contractors

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The hidden ball trick is a baseball play in which the fielder fakes a throw to the pitcher, so that he can trick the runner into stepping off the base. The fielder then tags out the runner. It’s a deceptive move that can...more

Freiberger Haber LLP

General Release That Was Entered Because of Defendant’s Fraudulent Misrepresentations Held Not To Be Enforceable

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We have written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

Arnall Golden Gregory LLP

Complete Win, Secured Early, for Payment Processor and Sponsor Bank in Business Email Compromise Fight

As we have previously explored, litigation involving account takeovers (“ATOs”) and business email compromise (“BEC”) fraud have produced a muddled legal landscape. As between payors and intended payees, courts have tended to...more

Cozen O'Connor

Sports Betting Companies Pay $6.5 Million for Allegedly Conspiring to Violate D.C. Laws

Cozen O'Connor on

District of Columbia AG Brian Schwalb has settled with Intralot, Inc. and Veterans Services Corporation (VSC) to resolve an investigation into allegations that the companies deceived city officials in violation of the...more

Hicks Johnson

SCOTX Ruling Confirms Individual Liability for Corporate Owners Who Commit Torts

Hicks Johnson on

In Texas, as most other states, it is long settled that corporate agents are personally liable for their own tortious or fraudulent conduct—even if the conduct was done in their capacity as a corporate agent. Section 21.223...more

Winstead PC

Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined...

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In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more

Mayer Brown

Delaware Law Alert: Avoiding Ambiguities in M&A Disclosure Schedules

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A notable Delaware Chancery Court opinion offers important insights for M&A deal parties into how courts interpret disclosure schedules. In Aldrich Capital Partners Fund, LP v. Bray, the stock purchase agreement and the...more

Sands Anderson PC

Lawsuit Claiming Fraud Commenced Five Years Too Late: Investors Beware.

Sands Anderson PC on

In Zeng v. Wang, the Court of Appeals of Virginia reminded practitioners of a couple important lessons. Here are two of them. First, investors should read and understand the fine print of any prospectus before signing on the...more

Whiteford

Indemnity Clauses, Claims & Controversies

Whiteford on

Indemnification is a key component in virtually every M&A deal, serving as a detailed and nuanced contractual risk allocation device between the Buyer and Seller. Though drafted in a two-way fashion, indemnity operates in the...more

Freiberger Haber LLP

Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property

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Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more

Holland & Knight LLP

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

Holland & Knight LLP on

California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should...more

Bennett Jones LLP

In Dealing with Fraudulent Conveyances—The Rebuttable Presumption of Fraudulent Intent—IE CA 3 Holdings Ltd. v NYDIG ABL LLC, 2024...

Bennett Jones LLP on

A requirement of proving a fraudulent conveyance occurred is establishing that the conveyance was fraudulently intended. Courts in British Columbia will rely on the presence of ‘badges of fraud’, such as whether the...more

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

Freiberger Haber LLP on

By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more

BCLP

Confronting and Mitigating Against Corruption

BCLP on

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

Freiberger Haber LLP

First Department Reminds Practitioners that “proofreading is an essential, indispensable tool in the drafting of contracts”

Freiberger Haber LLP on

It should go without saying that people make mistakes. After all, people are human, and humans make mistakes. When people draft a document, especially a lengthy or complex one, it is not uncommon for a mistake to be...more

McGlinchey Stafford

Am I Bound by My Client’s Settlement Agreement? - McGlinchey Commercial Law Bulletin - March 8, 2024

McGlinchey Stafford on

In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more

K&L Gates LLP

Fraud May Not Always Unravel All–What Does the Contract Say?

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Introduction - In the recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC), the English High Court has determined that a limitation of liability clause in a...more

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