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393 results found for "whistleblower representation"
- Court Allows Fraud Claim To Stand With Breach of Contract Claim Despite Some Overlap in Claims
Often the fraud claim is asserted in connection with pre-contractual representations. Sometimes, however, a fraud claim will be asserted in connection with post-contractual representations made clear, whether the representation is made before or after the contract is entered is not dispositive We have previously written about the application of the doctrine to pre-contractual representations ( e.g. , here and here ) and post-contractual representations ( e.g. , here ).
- Congress Passes New Laws That Protect Whistleblowers From Retaliation While Encouraging Them To Report Waste, Fraud And Abuse
These bills, two of which he sponsored and/or co-sponsored, protect whistleblowers who report information Whistleblower Protection for Contractor and Grantee Employees Act: On December 5, the Senate passed H.R. 5790 was introduced as a companion to S. 2390, the Federal Bureau of Investigation Whistleblower For example, it would have strengthened the appeals process for whistleblowers by requiring appellate On December 15, the bill was presented to President Obama for signature.
- Fraud and the Ice Cream Franchise
Plaintiffs alleged that they these and other representations were materially false and misleading. plaintiffs’ contention that defendants lied in their statements to plaintiffs concerning the past and present defendants’ profits and costs because they did not perform the due diligence with respect to those representations
- Collateral Estoppel and Failure To Plead Fraud With Particularity: A One, Two Punch
requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations In the amended, plaintiff alleged, in sum and substance, that defendant made material representations Surrogate’s Court in order to induce the court to amend the probate decree; knowingly false material representations , the impact of executing the waiver and consent prepared by the defendant; reliance on defendant’s representations
- Fraud Notes: First Department Talks About Misrepresentations of Fact and Justifiable Reliance
inducement and negligent misrepresentation.” 2 The Court found that “ here multiple factual issues present Giordano contended that the alleged misrepresentations were nothing more than a restatement of the representations sophisticated party, Giordano maintained that plaintiff could not simply rely on Giordano’s alleged representations protect itself against deception,’ including through its conduct of due diligence and securing of written representations In a such a clause, the parties represent that they are not relying on any extra-contractual representations
- Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department
Plaintiffs alleged that defendants made these representations with knowledge of their falsity and with the intent to deceive, and that plaintiffs relied upon these representations to their detriment. The motion court reasoned that to the extent the representations were aimed at potential home buyers,
- Fraud Notes: Two Cases and The Examination of Scienter
plaintiffs failed to allege why defendants’ projections, with that disclosure, constituted a misstatement of present nothing more than “expressions of hope for the future,” which, it held, “do not constitute actionable representations of fact.” 14 The Court explained that a “party does not make an actionable representation of fact when 2021, and January 12, 2022, not permit a reasonable inference that defendants knowingly made false representations
- Revisiting The Attorney-Client Privilege, The Common Interest Doctrine and The Work Product Doctrine
intended to foster open and candid dialog 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 document requests, each seeking non-privileged documents and communications concerning the law firm’s representation substitute own discretion for that of the motion court based on the new necessity argument that was never presented
- Fraudulent Concealment and the Caveat Emptor Doctrine
knowing, by the exercise or ordinary intelligence, the truth or the real quality of the subject of the representation
- Court Finds No Basis to Infer that Attorney Had Authority to Represent Party in An Action
November 2019 emails referenced by the dissent were not from or to Santamarina and made no mention of any representation to whether Koukis had given such authority, whether expressly or through knowing acquiescence in the representation
- The Many Facets of a Fraudulent Inducement Claim
According to Dragons, it relied on the foregoing representations. In addition, it contained several representations concerning the ownership interests of many of the defendants Agreement for Project Co., dated February 28, 2017 (“February 28, 2017 LLC Agreement”), which echoed the representations executed by the SMI Defendants, which further reassured Dragons of the truthfulness of the previous representations
- Breaking Ground or Breaking Promises: Dispute Over $1.075 Million Construction Claim
contract formation and that it had already undertaken significant efforts in reliance on defendant’s representations

