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Under CPLR §1012(a)(2), a party may intervene as a matter of right “when the representation of the person that defendant Joel Spitzer (“Spitzer”) had (a) been acting as the manager of the property, (b) been presenting

In various video presentations, defendants allegedly promoted the “opportunity” for participants to choose That representation, said the SEC, was untrue.

exercised “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 Where the falsity of a representation could have been ascertained by reviewing “publicly available information Stonepeak also alleged that Tall Tower’s other representations about the expertise of Tall Tower and to have been fraudulently induced to continue working on the Clear Channel deal in reliance on that representation

In doing so, the Seventh Circuit joined its sister circuits in holding that the government and whistleblowers for government payment, the defendant must not “merely request payment”; it must “make[ ] specific representations allowing FCA claims to proceed against parties who can fairly be said to have caused a claim to be presented winnowing out those claims with only attenuated links between the defendants’ specific actions and the presentation Circuit has shifted the pendulum in favor of defendants, making it more difficult for the government and whistleblowers

exercised “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 Where the falsity of a representation could have been ascertained by reviewing “publicly available information Based on these representations, which Plaintiffs alleged were material to Levison’s investment decision As such, Plaintiffs could not claim to have been defrauded by representations that were not included

Some of these techniques include: (1) phantom riches representation – that is, the investment will yield investment is a sound one because he/she also invested in the company; (5) “everyone is buying it” representation people are buying the security and, therefore, so should the target or victim; and (6) the reciprocity representation According to the SEC’s complaint (here), he did so by, among other representations, (1) telling investors As alleged by the SEC, these and other representations were materially false and misleading.

To state a claim for fraudulent inducement, “there must be a knowing misrepresentation of material present The Court found that plaintiff “alleged detrimental reliance on a material representation known to be for constructive fraud does not require proof of defendant’s knowledge of the falsity of his or her representations

Precious Infants, Inc. , 283 A.D.2d 528, 529 - 530 (2 nd Dep’t 2001) (finding that counsel’s false representation conditions are met:  The person seeking the Notary's services, if not personally known to the Notary, must present

Plaintiffs claimed that they would not have entered DraftKings’ MLB DFS contests but for defendants’ representations theory of reliance was divorced from the allegations in the complaint, noting that “no such specific representations to” participate in the DraftKings’ MLB DFS contests, instead, noted Judge Rakoff, “defendants made representations

According to the SEC’s complaint (here), from at least May 2015 through the present, Maroney and his The SEC alleged that Defendants’ representations concerning the use of proceeds raised from the offerings

Since 2011, the SEC has awarded more than $111 million to 34 whistleblowers pursuant to the agency’s whistleblower program. The SEC did not identify the whistleblower. might directly or indirectly reveal a whistleblower’s identity. Links: SEC Press Release SEC Order SEC Whistleblower Resources

compensated WMAs more for rolling over assets into Portfolio Advisor than some alternatives; WMAs commonly presented managed accounts as the only option for a rollover and frequently did not present alternative options According to the SEC, TC Services trained its WMAs to make, and its WMAs made, representations that they