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Misrepresentation

A&O Shearman

Eastern District Of Pennsylvania Dismisses Putative Securities Class Action Against Pharmaceutical Company As Time-Barred

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On March 4, 2026, Judge Chad F. Kenney of the United States District Court for the Eastern District of Pennsylvania dismissed with prejudice a putative class action asserting claims against a global pharmaceutical and...more

DarrowEverett LLP

Litigation Enforcement Trends in the Secondary Market for Pre-IPO Shares

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As the secondary market for pre-IPO shares continues to mature, transactions involving the private stock of late-stage companies have become increasingly common—but so too have lawsuits and regulatory scrutiny....more

Pullman & Comley, LLC

Candor in the Legal Profession - Your Obligations Under the ABA Model Rules of Professional Conduct

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As lawyers, we are all aware (or should be) that we carry a duty of candor toward the tribunal and a duty of fairness to opposing parties and counsel. But the question becomes: What exactly do these duties require? What are...more

Kohrman Jackson & Krantz LLP

TaylorMade vs. Callaway: When Marketing Crosses the Boundary

On January 15, 2026, TaylorMade Golf Company filed a federal lawsuit in the U.S. District Court for the Southern District of California against Topgolf Callaway Brands Corporation. The claims center on false advertising,...more

Bradley Arant Boult Cummings LLP

Developer Liable to Contractor for Misrepresentations Regarding Project Funding

The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding....more

Carlton Fields

Eighth Circuit Rules That Concealment or Fraud Provision Can Bar Coverage for False Facts, Even Absent Knowledge by Insured or...

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In Hiscox Dedicated Corporate Member Ltd. v. Taylor, the Eighth Circuit Court of Appeals recently affirmed the right of an insurer under Arkansas law to void a policy based on a misrepresentation in an application, even if...more

Fox Rothschild LLP

A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Issues Raised by a Party’s Failure To...

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A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be...more

Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Carlton Fields

Sixth Circuit Rules Against Nonprofit Organization in Insurance Dispute Over Replacement Cost of Outdated Building

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The Sixth Circuit Court of Appeals recently affirmed summary judgment in favor of an insurance carrier regarding a coverage dispute over the replacement cost of a building....more

Kohrman Jackson & Krantz LLP

TikTok Shop’s First Major Review War? New Legal Risk for Brands and Influencers

On January 16, 2026, Shenzhen Zhihuida Technology Co., Ltd. — the Chinese manufacturer behind the popular Meowant self‑cleaning litter box — and its U.S. distributor Gaosto Ltd. filed a federal lawsuit against rival PetPivot...more

Butler Snow LLP

Understanding the Louisiana Unfair Trade Practices Act (“LUTPA”)

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The Louisiana Unfair Trade Practices Act (“LUTPA”), La. R.S. 51:1401 et seq., is the state’s primary consumer-protection statute and a frequent source of litigation in business disputes....more

Cozen O'Connor

D.C., Maryland & Virginia AGs Not Playing with Fraudulent Youth Club Charities

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D.C. AG Brian Schwalb, Maryland AG Anthony Brown, and former Virginia AG Jason Miyares settled with two fraudulent youth club nonprofits and their founder to resolve allegations that they misrepresented the nature of what...more

Marshall Dennehey

Florida Court Clarifies Misrepresentation Defense and Major Contributing Cause in Successive Workplace Injury Claims

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Pinellas County Transit Auth. v. Jackson, Fla. 1st DCA, No. 1D2024-1522, 2025 WL 3152666, at *2, Nov. 12, 2025 - The claimant initially injured her shoulder at work in 2021. During that claim, it was determined she made...more

Kilpatrick

Eighth Circuit issues pro-defendant class certification ruling in consumer fraud MDL

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Takeway:  Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue.  When it comes to consumer fraud statutes, however, consumer...more

A&O Shearman

Southern District Of New York Declines To Dismiss Putative Class Action Against Dental Product Company

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On January 16, 2026, Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York largely denied a motion to dismiss a putative class action asserting claims under the Securities...more

A&O Shearman

Western District Of Texas Dismisses Putative Securities Class Action Against Cybersecurity Company

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On January 12, 2026, Judge Robert Pitman of the United States District Court for the Western District of Texas granted a motion to dismiss a putative securities class action against a cybersecurity company (the “Company”) and...more

Cozen O'Connor

From Dock to Doorstep: Exploring Good and Bad Faith Across Land and Sea

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Insurance law is, at its core, a law of relationships. Whether land-based or maritime, every policy rests on an expectation of honesty, transparency, and fairness. Yet the way the law defines good faith—and the consequences...more

A&O Shearman

Central District Of California Grants In Part And Denies In Part Motion To Dismiss Proposed Securities Class Action Against...

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On December 12, 2025, Judge Sherilyn Peace Garnett of the United States District Court for the Central District of California granted in part and denied in part a motion to dismiss a proposed investor class action against a...more

Kilpatrick

5 Key Takeaways | Navigating False Advertising Litigation Challenges, Strategies, and Risk Mitigation

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Barry M. Benjamin, Managing Partner of the New York office and Chair of Kilpatrick’s Advertising and Marketing group, was honored to co-present with Andrew Lustigman of Olshan law, a discussion of how to engage and strategize...more

Saiber LLC

Early Resolution Strategies for Brokers Facing Residential Real Estate Lawsuits

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As New Jersey real estate brokers and agents move through another competitive residential market cycle, disputes are still an unfortunate reality of doing business. ...more

Morrison & Foerster LLP

UK Litigation: 2025 Recap and 2026 Outlook

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As we head into 2026, resolutions (however realistic) in hand, we look back at the key English court rulings of 2025 and the lessons they offer for businesses and practitioners alike. The past year saw important developments...more

Patterson Belknap Webb & Tyler LLP

Debts Related to Ponzi Scheme Deemed Non-Dischargeable

Here at the Bankruptcy Update, we frequently write on the intersection of insolvency and fraud, including collapsed Ponzi schemes. Another Ponzi-scheme related opinion recently issued from the United States Bankruptcy Court...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – Q4 2025 Update

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As a part of our quarterly practice group update, we are pleased to produce our latest installation with examples of our continued success in fraud litigation. This is now our fourth year of this publication, which amazes me...more

Latham & Watkins LLP

Privy Council Issues Pivotal Judgment on Misrepresentation

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On 24 November 2025, the Judicial Committee of the Privy Council handed down judgment in Credit Suisse Life (Bermuda) Ltd v. Bidzina Ivanishvili [2025] UKPC 53. ...more

Troutman Pepper Locke

Integration Clause Without Anti-Reliance Provision Precludes Fraud Claims Where Extra-Contractual Misrepresentation Directly...

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In Park7 Student Housing, LLC v. PR III/Park7 SH Holdings, LLC, the Delaware Court of Chancery held that a purchase agreement’s integration clause, which lacked anti-reliance language, barred the buyer’s fraudulent inducement...more

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