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393 results found for "whistleblower representation"
- The Second Department “Clarifies” Procedural, Substantive, and Evidentiary Law in Foreclosure Cases
The Court believed that a primer addressing such issues was necessary because the “challenges presented record-keeping practices, a changing regulatory environment, inordinate delays, and inadequate legal representation
- JEFFREY M. HABER IS RECOGNIZED BY SUPER LAWYERS MAGAZINE
Freiberger Haber leverages more than 50 years of combined experience to deliver sophisticated and creative representation
- Defendant Not Equitably Estopped From Asserting a Personal Jurisdiction Defense Says the First Department
Plaintiff contended that had the defendant provided proper representation, it would have cited to a Georgia As such, the equitable estoppel doctrine was not available to it: However, defendant presented evidence
- Merger Clause Found Sufficient To Bar Fraud Claim By Sophisticated Plaintiff
Harris , 5 N.Y.2d 317, 320-21 (1959) (holding that fraudulent inducement claim premised upon representations , an agreement must contain language that makes it clear that the parties are not relying on such representations may be false”; in such cases, a plaintiff “cannot reasonably rely on those representations, but rather included in due diligence, or a representation that the material it viewed during due diligence was In that regard, they should specify the representations and matters being merged or integrated into the
- First Department Affirms Dismissal of Fraud Claim Because The Plaintiff Had The Wherewithal to Protect Herself But Failed To Do So
exercise “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation
- Court Allows Fraudulent Inducement Claim to Stand with Breach of Contract Claim
the courts make the distinction between a misrepresentation of intention and a misrepresentation of present In Gosmile , the First Department explained: “that a misrepresentation of present fact, unlike a misrepresentation Relying on these and other representations ( e.g. , Defendants would secure funding for, and produce following alleged misrepresentations to be “expressions of future intent rather than misrepresentations of present
- Securities Class Action Settlements “Dramatically” Decline In Value Finds Cornerstone Research
Also affecting settlement value was the decline in institutional representation. Recent literature, they said, provided a possible explanation for the decline in institutional representation
- Can A Plaintiff Who Voluntarily Dismisses A Qui Tam Complaint Receive An Award From The Settlement Of A Later-Filed Government Action?
An Overview of the False Claims Act and the Whistleblower Reward The False Claims Act (“FCA” or the “Act”) prohibits businesses and individuals from defrauding the government by knowingly presenting, or causing to be presented, a false claim for payment or approval. The FCA requires the whistleblower (also known as a “relator”) to serve the government with his/her complaint If the government declines to intervene and the whistleblower pursues the action alone, the award generally
- Arbitral Award Confirmed As Being Rational and Supported by the Record
2018, TransCanada argued that the arbitrator made erroneous findings as a result of incorrect amounts presented for ancillary and revenue losses were inclusive of ‘all’ such ‘claimed’ losses, and the undisputed representation
- Fraud Claim Dismissed Because Sophisticated Businessman Failed to Plead Justifiable Reliance
Plaintiffs claimed the TOMS Report was falsely presented as a technical report based on a thorough investigation of knowing, by the exercise of ordinary intelligence, the truth of the subject of the alleged false representation especially a sophisticated one, does not verify and investigate the truthfulness of assurances and representations
- Fifth Circuit Applies “Demanding” Materiality Standard To Dismiss An Implied Certification Case
the time of its issuance, Escobar was largely considered to be a victory for the United States and whistleblowers
- Mixed Purpose Insurance Reports Held Not Protected by Attorney-Client Privilege
privilege “fosters the open dialogue between lawyer and client that is deemed essential to effective representation disclosure must be considered in the context of each case in which it is sought and in light of the evidence presented
