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393 results found for "whistleblower representation"
- Renewal Contracts, Breach of Fiduciary Duty and the Continuing Wrong Doctrine
Agreement contains all of the terms and conditions agreed upon by the parties hereto and no promises or representations
- Oral Assurances That Conflict with Written Policies and Statutory Requirements Held Insufficient to Support Injunctive Relief
It is not uncommon for a client to claim that he/she had an agreement with another based on oral representations “The plaintiff has not presented any contract with the Board of Education waiving the five-year requirement
- Second Department Resolves Contract, Fiduciary Duty and Fraud Claims Involving Joint Ventures that Develop Real Property
exercised “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation
- Who Decides “Gateway” Issues of Arbitrability? The Second Department Weighs In
, a law firm that provides legal services to professional football players, entered into a Standard Representation Plaintiffs argued that defendants “failed to present sufficient evidence of a clear and unequivocal intent
- Puffery and the Misstatement That Wasn’t
In contrast to puffery and expressions of opinion, a misrepresentation is a false statement of present Ultimately, Hertz hired Accenture following a one-day marketing presentation in which Accenture touted The presentation also stated “ e’ve got the skills you need to win” and that Accenture would “put the The Court’s Decision Hertz contended that, within the 2016 marketing presentation, Accenture falsely Judge Pauley held that Accenture’s representation that it housed “800 xperts” amounting to “ he best
- Court Upholds Fraudulent Inducement Claim on Particularity Grounds
To state a claim for fraudulent inducement, “there must be a knowing misrepresentation of material present plead any duty owed by Defendants to it, and (3) Plaintiff failed to plead justifiable reliance on any representations
- Defenses That "Bordered on the Frivolous" Insufficient to Defeat Motion for Summary Judgment
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.”
- Court Denies Motion to Dismiss Contractual Indemnification and Contribution Claims But Grants Motion With Regard to Equitable Indemnification Claim
starting in 2003, publications in medical journals regarding Kadian® in or about 2005, and through representations
- Court Holds That A Common Interest Agreement Bars Disclosure of Material Protected by The Attorney-Client Privilege
privilege “fosters the open dialogue between lawyer and client that 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
- New York Court of Appeals Reaffirms that Claims Under GBL 349 and 350 Must Have A Broader Impact On Consumers At Large
claiming, among other things, violations of GBL §§ 349 and 350 based on GHI’s allegedly misleading representations
- Court Denies Motion to Approve a Shareholders Class Action Settlement, Finding the Plaintiffs to Be Inadequate Class Representatives and the Settlement to Provide No Benefit
connection with the potential settlement, the parties ( i.e. , the class plaintiffs, Deason and Xerox) presented vacate the preliminary injunction as to the Xerox defendants only, notwithstanding class counsel’s representation
- Enforcement News: SEC Settles Enforcement Actions that Underscore the Importance of a Robust Regulatory Disclosure Scheme
Fieldstone made material misstatements and omissions in reports filed with the Commission, including false representations