NEW YORK FRAUD CLAIMS

I have written often about the interplay between the fraudulent and deceptive conduct of fraudsters, on the one hand, and the obligation of those who claim to have been defrauded to act reasonably and prudently to protect themselves from being …

Wow.  When New York’s highest court renders a decision providing guidance on civil fraud claims, it’s exciting (and instructive).  (See New York High Court Reinforces Justifiable Reliance and Loss Causation in Fraud.)  But when the United States Supreme Court gets …

The duty of self-protection is firmly embedded in the law of fraud.  For example, even when demonstrable misrepresentations are made with an actual intent to defraud, the recipient of those false statements is not at liberty blindly to rely on those …

The so-called doctrine of severability as applied to agreements to arbitrate disputes is well-recognized.  Basically, provisions that require disputes to be resolved by arbitration that are contained as part of broader contracts are viewed separately from any other provision of …

As shown by the recent decision in Rostami v. Open Props, Inc., No. 22-CV-3326 (RA) (U.S.D.C. SDNY Jan. 9, 2023), courts apply particular scrutiny to fraud claims attempted to be asserted by what the courts deem are “sophisticated investors,” especially …