Showing results for 'publicly'

Duty of Inquiry Looms Large in Dismissal of Actionable Fraud Claim Under Statute of Limitations

April 5, 2021

...when the fraud is detected: “or could with reasonable diligence have discovered it.” (Emphasis added.) That phrase incorporates the deep-rooted theme of self-protection.
The fact that information is publicly or otherwise available often plays a prominent role on the issue of whether a party claiming fraud acted reasonably in avoiding harm from fraud or bringing the claim in a timely ...

Dismissal of Sophisticated Investor’s Attempted Fraud Claim Affirmed by First Department For Lack of Due Diligence

January 6, 2020

...its mines, principally by means of (1) Finskiy’s oral statements to his personal friend Yanchukov [the “wealthy Russian businessman” who controlled each of the plaintiffs], (2) a false report publicly filed pursuant to the securities laws of Canada (where White Tiger was listed on the Toronto Stock Exchange), and (3) false information provided to a consulting firm engaged by ...

Court Distinguishes Nonactionable “Puffery” and “Hyperbole” From Concrete Factual Misrepresentations of Fraud

April 8, 2019

...Authority (FINRA), represented, on behalf of himself and the other plaintiffs, that he had previously run a publicly traded U.S. company, that he had raised hundreds of millions of dollars for other biotech companies...Lacher, 299 AD2d 64, 70 [1st Dept 2002]). Finally, the statements that Sharbat had previously run a publicly traded U.S. company and that he had raised hundreds of millions ...
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