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the guarantee, those recitals being inconsistent with the guarantors’ claim of reliance upon an oral representation

Under this law, a whistleblower that reports someone for defrauding the government can receive a portion The $155 million settlement arose from a lawsuit brought by a whistleblower who will receive an award

proposed Financial CHOICE Act 2.0; namely, the provision that: (a) bars “co-conspirators” from recovering whistleblower awards under the SEC's Whistleblower Program, (b) prevents the DOL's Fiduciary Duty Rule from becoming

The allegations initially surfaced in a whistleblower lawsuit brought by a former employee of CA Software The FCA also rewards whistleblowers, referred to as "relators," who successfully recover funds on behalf In this case, the CA whistleblower is set to receive about $10.2 million under the settlement. In addition, the FCA includes an anti-retaliation provision that protects whistleblowers from workplace

claim any fraud or fraudulent inducement – Corrib could not claim “to have justifiably relied on a representation when that very representation negated by the terms of a contract.” counterclaims barred by the express terms of the ISDA master agreement, which contain directly contrary representations

While determining the difference is difficult enough, the task becomes more complicated when the representations at issue contain present or historical facts and hyperbole.   During a conference call with Lion representatives, Sharbat made a number of representations that the The motion court also found that “ he statements alleged in the counterclaims” were “representations had obtained high-value investors for in Israel,” while partially hyperbolic, make concrete factual representations

invalidate a release due to fraudulent inducement must ‘establish the basic elements of fraud, namely a representation of material fact, the falsity of that representation, knowledge by the party who made the representation any matter, cause or thing whatsoever from the beginning of the world to the day of the date of these presents Like the motion court, the First Department found that “Plaintiff failed to present evidence that intended The Court also held that “ laintiff failed to present evidence” demonstrating that the Release was procured

privilege “fosters the open dialogue between lawyer and client that is deemed essential to effective representation

privilege “fosters the open dialogue between lawyer and client that is deemed essential to effective representation Plaintiff was the special servicer to the Trustee, acting on behalf of the present holders of the certificates

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 the failure to investigate such information, negates any reliance, justifiable or otherwise, on the representations

judgment on the grounds that: Plaintiffs’ claims were time-barred; Plaintiffs did not rely on Defendants’ representations exercised “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation Defendants used the money from the Funds to purchase equity in distressed assets, contrary to Defendants’ representations Defendants failed to “put forward incontrovertible evidence that the marketing materials and disclosures presented not put forth evidence showing conclusively that Plaintiffs failed to make any effort to verify the representations

to suggest that Moorjani had any incentive to take a position adversarial to the plaintiffs in his representation