Search Results

SEC, since at least 2018, Defendant solicited more than $10 million in investments based on the false representation The SEC alleged that, contrary to defendant’s representations, defendant did not use investors’ funds

Plaintiffs maintained that they justifiably relied on these representations and would not have purchased failed to state a cause of action for fraud because Plaintiffs disclaimed reliance on extracontractual representations

exception, however, exists when the agreement between the parties expressly disclaims reliance on any oral representations making of the agreement. 17 In other words, when a party disclaims reliance, in writing, on any oral representations be enforced because it is unconscionable, “the parties shall be afforded a reasonable opportunity to present The court noted that “while allegations that … plaintiff reasonably believed that the representation evidence … “to contradict or vary the terms of a written instrument” to “disclaim reliance on any oral representations

Under the FCA, whistleblowers, also known as relators, can sue persons or entities believed to have engaged Such an economic benefit serves as a powerful incentive for whistleblowers to come forward and report important qualifier, noting that “to maximize its resources” the DOJ typically only investigates a whistleblower settlements and judgements reported by the Department in 2017, $3.4 billion came from cases initiated by whistleblowers , who received nearly $393 million in whistleblower rewards.” ( Here .) 

Franzone allegedly raised more than $38 million for the Fund from approximately 90 investors through these representations removed a critical safeguard for investors by failing to have the Fund audited on an annual basis despite representations “Investment advisers must provide honest representations to investors, disclose or eliminate conflicts

contract or other writing or exercising due diligence to make an additional inquiry into the truth of the representation that plaintiff was a sophisticated party that “could readily have determined for itself whether the representations rather than take simple measures to ensure its compliance with CFTC regulations, plaintiff relied on the representations plaintiff failed to avail himself/herself/itself of the means to discover the truth or falsity of the representations courts are clear that failing to conduct any investigation, as in MBF Clearing , into the veracity of a representation

Finally, the Court underscored that security representations must be read precisely.

failure to sufficiently allege facts from which it may be reasonably inferred that plaintiff knew its representations misrepresentation of material fact, the party advancing the claim must allege a misrepresentation of present rather, facts must be alleged establishing that the adverse party, at the time of making the promissory representation requirement, the plaintiff must allege such facts as the time, place, and content of the defendant’s false representations fact by either Katz or Luff, and offered only general and conclusory allegations that they made ‘false representations

intended to foster open and candid dialog between lawyer and client and is deemed essential to effective representation certain correspondence between plaintiffs and other entities purportedly employed by plaintiffs for legal representation

Freiberger Haber leverages more than 50 years of combined experience to deliver sophisticated and creative representation

Therefore, held the Court, “it was ‘unreasonable as a matter of law’ for plaintiff to rely upon the representations be ignored because the term sheet did not specifically disclaim reliance on defendant’s prior oral representations ; , facts must be alleged establishing that the adverse party, at the time of making the promissory representation provision in a contract or other writing or exercising due diligence to make an additional inquiry into the representation

failed to plead the claim with particularity, alleging in a “conclusory” way “that the defendants’ representations