Former Customer Bets On The Wrong Business Deal
- Aug 25 2017
When disputes arise over the meaning of a contract or a clause within a contract, courts are called upon to interpret the agreement to give it meaning. Courts in textualist …
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Relator Receives Over $9 Million For Blowing The Whistle On Mortgage Fraud
- Aug 23 2017
On August 8, 2017, the U.S. Department of Justice (“DOJ”) announced a nearly $75 million settlement with PHH Mortgage Corporation (NYSE: Symbol PHH) and PHH Home Loans (collectively, “PHH”) to …
Court Excludes Parol Evidence Where Contract Is Complete, Clear And Unambiguous
- Aug 21 2017
The foundation of virtually every business and commercial transaction is a contract. Indeed, it is hard to imagine any transaction for the purchase or sale of goods, the merger or …
A Spike in Federal Class Action Securities Fraud Cases in 2017
- Aug 18 2017
According to the latest report from Cornerstone Research, which it jointly prepared with the Stanford Securities Class Action Clearinghouse, titled “Securities Class Action Filings – 2017 Mid-Year Assessment,” securities class action lawsuits hit a record …
Merger Clause Found Sufficient To Bar Fraud Claim By Sophisticated Plaintiff
- Aug 16 2017
As a general matter, when parties negotiate an agreement in a clear and unambiguous document, their writing will be enforced according to its terms. Evidence outside the four corners of …
Court Rules That Law Banning Robocalls Is Not Unconstitutional Despite Being Content Based
- Aug 14 2017
Robocalls. We all get them. They are annoying. But, are they legal? Not surprisingly, the answer depends on the circumstances involved. In 1991, Congress passed the Telephone Consumer Protection Act …
Ninth Circuit Affirms The Dismissal Of A Whistleblower Retaliation Complaint Using Securities Fraud Standard
- Aug 11 2017
As this Blog has noted in a previous post (here), to state a retaliation claim, both the Sarbanes-Oxley Act of 2002 (“SOX”) and the Dodd–Frank Wall Street Reform and Consumer …
Courts Holds That An Intermediary Was Not An Agent With Authority To Bind The Principal
- Aug 9 2017
In business, relationships are important. One relationship that is essential to successful businesses is the principal-agent relationship. A principal-agent relationship may be established by evidence of the consent of one …
New SEC IPO Rules in Effect
- Aug 7 2017
On July 10, 2017, new Securities and Exchange Commission (“SEC”) rules went into effect that permit companies, regardless of their size, to file paperwork for initial public offerings without immediately …
Government Contractors Beware: Failure To Comply With Contractual Notice And Reporting Provisions Can Cost You Money
- Aug 4 2017
Notice and reporting requirements in public contracts are common in public works projects. They provide public agencies with timely notice of deviations from budgeted expenditures or of any supposed malfeasance, …
