Search Results
682 results found for "fraud"
- Unfair Competition: The Bad Faith Misappropriation of Confidential Information For a Commercial Advantage
(first cause of action), breach of contract (second cause of action against Sagence and Miraglia), fraudulent Noting that “ ad faith can be shown through acts of ‘fraud, deception, or an abuse of a fiduciary or
- Letter Declaring Contract Void Ab Initio, Demand for The Return of Down Payment, and Commencement of Litigation Constitutes an Anticipatory Breach of Contract
2018, plaintiffs commenced the action asserting causes of action sounding in, among other things, fraud
- A Hint of Falsity Requires a Heightened Degree of Diligence by The Party to Whom the Misrepresentation Was Made Says the Second Department
569, 579 (2018) ( here ), the Court of Appeals described the justifiable reliance requirement of a fraud As such, the justifiable reliance requirement is considered to be a necessary tool to weed out fraud In the fourth cause of action, ISS sought to recover damages for fraudulent misrepresentation. the Court of Appeals reinforced the importance of satisfying the justifiable reliance element of a fraud Thus, a plaintiff alleging fraud must exercise “ordinary intelligence” to ascertain “the truth of the
- Court Approves Settlement of Qui Tam Action Under New York’s False Claims Act Over the Objection of the Whistleblower
to assist local governments in recovering payments made to individuals or corporations by reason of fraud First, the NYFCA allows for three times the damages (two times the damages for self-reporting the fraud Second, the NYFCA allows a relator to bring a qui tam action alleging tax fraud, which the Federal FCA Fifth, the NYFCA does not require allegations of fraud to be stated with the same particularity required Qui tam complaints alleging fraud under the Federal FCA must meet the heightened pleading requirements
- Enforcement News: Video Game Company Agrees to Pay $35 Million To Settle Charges Concerning Whistleblower Protection Rule and Maintenance of Adequate Disclosure Controls
Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) to combat illegal and fraudulent substantial cash rewards to whistleblowers that voluntarily provide the SEC with information about securities fraud
- The Distinction Between A Direct and Derivative Claim Proves to Be Elusive for Part Owner of Asset Management and Advisory Services Company
In Khan , the court dismissed a fraud claim because the plaintiff failed to demonstrate whether the claim Thus, though Khan seeks to plead a direct claim for fraud, there is no individual harm alleged in the Derivatively, the Court found that Khan failed to satisfy the elements of a fraud claim: Construed as a purely derivative fraud claim, dismissal is still required. As a result, the Court dismissed the fraud claim.
- Enforcement News: SEC Charges Georgia Investment Adviser and Its Principal with Operating $110 Million Ponzi Scheme
Shutting down Ponzi schemes and holding the operators accountable for such frauds is an important part
- Congress Passes New Laws That Protect Whistleblowers From Retaliation While Encouraging Them To Report Waste, Fraud And Abuse
Perpetrating a fraud on the government is a serious problem. Congress and the states have passed many laws to end fraud on the government. government employees they work alongside—because these folks are the ones raising the alarm on waste, fraud They are on the front lines in the fight against fraud, waste and misconduct, but they can’t do their “Passage of the IG Empowerment Act enhances the IGs’ ability to fight waste, fraud, abuse and misconduct
- Defendants’ In-Person Activities in New York Sufficient to Support the Exercise of Specific Personal Jurisdiction
for false advertising, respectively; pursuant to Executive Law § 63(12), for repeated and persistent fraud
- Enforcement News: SEC Obtains Emergency Relief to Stop Alleged Ponzi Scheme and Misappropriation of Investor Funds
in excess of $17.1 million from more than 100 investors nationwide through a series of unregistered fraudulent LLC, another Maroney-controlled entity, as relief defendants for receiving proceeds from the alleged fraud
- Damages in a Holder Claim Found to Be Too Speculative For Recovery
A client contacts you about a potential fraud claim. In New York, to plead and prove a cause of action for fraud, a plaintiff must demonstrate the following , the fraud claim must be dismissed because there can be no recovery for such a hypothetical injury. With regard to the fraud claims, the Defendants argued that QCH failed to plead justifiable reliance, Indeed, Q Chiuna shows that pleading such a fraud-based claim, can be almost insurmountable.
- Conditional Acceptance, Conflicting Testimony and An Alleged Oral Agreement
Obligations Law § 5-703 (3), an agreement to buy and sell real property “will be barred by the statute of frauds performance of an alleged oral contract will be deemed sufficient to take such contract out of the statute of frauds
