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exercise “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation knowing, by the exercise of ordinary intelligence, the truth or the real quality of the subject of the representation the courts require the plaintiff to make an “additional inquiry to determine” the “accuracy” of the representation securities at issue here”. 26 The failure to establish hints of falsity with respect to particular representations , Defendants not shown that the systemic concerns raised … gave any hint of falsity of particular representations

exercised “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation It cannot reasonably rely on such representations without making additional inquiry to determine their

that it was “not an offering of ” and that “none of the nor any of their respective affiliates any representations Plaintiffs maintained that this representation was misleading and untrue when made, since between 2015 Defendants also argued that plaintiffs’ claim for fraud should be dismissed as no statement or representation Plaintiffs maintained, based on representations made in the OM, that they were investing as indirect that he or she should have known was incorrect; (3) the information supplied in the representation was

Over the year, this Blog has written about awards given to whistleblowers under the SEC and CFTC whistleblower The whistleblower is the 37 th relator to receive an award under the SEC whistleblower program. The SEC declined to identify the whistleblower or the wrongdoers. might directly or indirectly reveal the whistleblower’s identity. No money is taken or withheld from harmed investors to pay whistleblower awards.

appraisals are generally not actionable under a theory of fraud or fraudulent inducement because such representations cause of action for fraud”. [4]  In such a case, the appraisal is actionable because it is a factual representation—not Olshan alleged that the fees owed by defendants stemmed from its representation of defendants in three Agreement was signed by Fortis’ General Counsel on behalf of FPG Maiden Lane, formally commencing Olshan’s representation

fact by either Katz or Luff, and offered only general and conclusory allegations that they made “false representations requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations Instead, plaintiffs offered only general and conclusory allegations that defendants made “false representations

Details may be presented in broad or technical terms that discourage deeper questioning, and potential The SEC alleged that both written and oral representations to investors stated that their funds would The SEC alleged that defendant’s representations concerning the use of investor funds were false and The investment was presented as legitimate and structured, complete with offering documents, stated fees

intended to foster open and candid dialogue between lawyer and client and is deemed essential to effective representation the clients share a common identity and all joint communications will be in furtherance of that joint representation although a litigation limitation may not be necessary in a co-client setting where the fact of joint representation

fact is collateral to a contract when the representation does not concern the terms of the parties’ to the latter, the Court held that although the disclaimer provisions were “more specific regarding representation matters covered by each agreement, none of the disclaimers could reasonably be interpreted to address representations A party’s disclaimer of reliance on extra-contractual representations and omissions will not preclude , that is, a provision that the parties are not bound by or relying upon representations or omissions

[entering into the Agreement] by any other Party or by any other person or entity, except for those representations the Agreement,” said the Court, “‘a party cannot promise . . . that it will not rely on promises and representations

Plaintiff contended that defendant presented an improper malicious prosecution counterclaim in the guise In that regard, “ he must show a belief in the truth of the representation and a change of position own pleading and litigation position demonstrated that he did not hold “a belief in the truth of the representation requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations

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