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682 results found for "fraud"
- Enforcement News: SEC Charges Consultant with Operating a Long-Running Ponzi-Like Scheme That Raised At Least $75 Million from Hundreds of Investors
Chion, Associate Director in the SEC’s Division of Enforcement, said: “TGC and Courtright’s alleged fraud
- Manifest Disregard of the Law and the Arbitrability of Class Claims
will vacate an arbitral award for the following reasons: (1) the award was procured by corruption, fraud
- Securities Class Action Lawsuits at Near-Record Level Says Cornerstone Research in a 2018 Mid-Year Report
According to the Report, plaintiffs filed 204 securities fraud class action lawsuits during the first The 204 filings represent almost an 8 percent increase from the 189 securities fraud class action lawsuits Report breaks down the filings by type of lawsuits, e.g. , merger and acquisition (“M&A”), securities fraud The 2018 annualized percentage of listed companies subject to securities fraud class action lawsuits
- Court Imposes Personal Liability on The Managing Member of An LLC Under the Responsible Corporate Officer Doctrine
fails to follow corporate formalities, comingles corporate funds with personal funds, or perpetrates a fraud the defendant knew or should have known would result through his/her actions or omissions (such as fraud In the business context, there are numerous types of torts, including, but not limited to, fraudulent
- Court Declines to Stay 1933 Act State Action In Favor of Parallel Federal Action Alleging Claims Under the 1933 Act and the Exchange Act
ADS, the day after Citron Research issued a report (the “Citron Report”) asserting that “Jumia is a Fraud also found dispositive the different standard of review for the Exchange Act claims, noting that “the fraud
- Securities Act Claims Dismissed as Time-Barred and Otherwise Insufficient
expressions of puffery and corporate optimism are actionable under the Securities Act. 8 Unlike a securities fraud
- Arbitration Decided By Dispositive Motion Held Not To Violate CPLR 7511(b)
section, a court may vacate an award if the rights of the movant were prejudiced by: (1) corruption, fraud
- Renewal Contracts, Breach of Fiduciary Duty and the Continuing Wrong Doctrine
This Blog often examines the statute of limitations in the context of fraud and contract actions. Moreover, where an allegation of fraud is essential to a breach of fiduciary duty claim, courts apply
- Fourth Department Vacates Portion of Arbitral Award Because Arbitrator Exceeded His Authority
These include: (1) “corruption, fraud, or misconduct in procuring the award”; (2) partiality of the arbitrator
- First Department Affirms Dismissal of Two Actions on Forum Non Conveniens Grounds
business in Singapore, and Tim Leissner (“Leissner”), co-President and Managing Director of GSS, for fraud Plaintiff claimed that GSS, by concealing its relationship and dealings with the Prime Minister, fraudulently The court explained that “ one of the events that allegedly gave rise to plaintiff’s fraud and breach The Court found that there was no nexus between New York and plaintiff’s causes of action for fraud and
- “No Reliance” Clause Precludes Fraudulent Inducement Claim Based on Extra-Contractual Representations
party’s disclaimer of reliance on extra-contractual representations and omissions will not preclude a fraudulent representations or omissions as to the specific matter, is a plaintiff precluded from later claiming fraud On May 28, 2019, the Appellate Division, First Department, affirmed the dismissal of a fraudulent inducement Defendants moved for reconsideration, arguing that the Settlement Agreement precluded plaintiff’s fraudulent Accordingly, on reconsideration, the motion granted defendants’ motion to dismiss the fraudulent inducement
- New York Supreme Court Addresses Pleading Requirements For Fraudulent Conveyance Actions
Thereafter, in a related action, TFA sued Capital One for, inter alia , breach of contract and fraud These causes of action are based on constructive fraud and, therefore, do not require the particularized pleading required with causes of action based on actual fraud (as with claims made pursuant to DCL 276 The Court also sustained causes of action for conveyances made with actual intent fraud to defraud under creditors is difficult to prove, the Court recognized that “a pleader is allowed to rely on ‘badges of fraud
