NEW YORK FRAUD CLAIMS

The intersection between claims of fraud and breach of contract is heavily travelled by the courts.  Courts often dismiss attempted fraud claims by finding that they are “duplicative” of the contract claim, allege the same damages, allege a mere breach …

This article addresses how disclaimers contained in pre-transaction confidentiality agreements, as well as subsequent stock acquisition agreements, impact the element of reasonable reliance in connection with various fraud claims. Such disclaimers of reliance on representations, warranties or other information allegedly …

As I have explained in this blog, there is a well-ingrained theme running through the civil cause of action for fraud:  Those who are seeking to assert and obtain legal remedies for fraud have a duty to act reasonably to …

The Federal District Court for the Southern District of New York recently ruled that a common law fraud claim against the 98% shareholder and officer of a corporation that filed for bankruptcy should not be enjoined because of the corporate …

In the law of civil fraud, even blatant misrepresentations are insufficient to sustain a cause of action for fraud where the party asserting fraud has not done its part to protect itself from fraudulent conduct. That concept is embodied in …