Misrepresentation, Due Diligence, Fraud

Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable

Freiberger Haber LLP on 1/6/2025

The justifiable reliance element has been described as a “fundamental precept” and a “venerable rule”. The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a material omission of...more

Pleading Reasonable Reliance Is “Always Nettlesome”

Freiberger Haber LLP on 12/14/2023

By: Jeffrey M. Haber In TD Bank, N.A. v. Keenan, 2023 N.Y. Slip Op. 06158 (2d Dept. Nov. 29, 2023) (here), the Appellate Division, Second Department examined the often “nettlesome” question of whether a plaintiff claiming...more

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

Bennett Jones LLP on 11/9/2022

The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario...more

Key Issues From a Summary of the Findings in the Claim Brought by HP Following the Troubled Purchase of Autonomy

Goodwin on 2/10/2022

Following a nine month trial in 2019, Mr. Justice Hildyard released a summary of his conclusions at the end of January 2021 regarding the proceedings brought by Hewlett-Packard (“HP”) (as well as a number of related entities)...more

Federal Circuit Affirms Decision to Vacate Judgment Following Evidence of Fraud

Fitch, Even, Tabin & Flannery LLP on 5/14/2021

On May 5, in Cap Export, LLC v. Zinus, Inc., the Federal Circuit held that a district court properly vacated its earlier judgment of infringement in favor of Zinus after evidence came to light that Zinus’s president gave...more

Franchisee 101: Expo is No Excuse

Lewitt Hackman on 5/29/2020

A federal court in Missouri ruled that a franchisee’s fraud claim cannot be based on the franchisor’s prediction at a franchise expo of future success in the franchised business....more

Buyers And Sellers Beware: Effectively Limiting Post-Closing Litigation Exposure With Anti-Reliance Clauses In Purchase Agreements

Pierce Atwood LLP on 8/17/2018

The Delaware Court of Chancery—the nation’s leading forum for corporate and M&A disputes—recently provided a roadmap for how to limit post-closing litigation exposure by eliminating certain fraud claims....more

SEC Charges Adviser, Others In Fee Splitting Scheme

Dorsey & Whitney LLP on 4/16/2014

A registered investment adviser and its principals were named as Respondents in a proceeding that centers on allegations of undisclosed revenue sharing arrangements, conflict of interest, violations of the custody rule and...more

Misrepresentation › Due Diligence › Fraud

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