Piercing The Corporate Veil: Who May Be At Risk?
- Dec 14 2016
Let’s say you, the reader, are an entrepreneur who wants to open a business. Although you are willing to run the risks associated with a startup, you do not want …
Category: Commercial Litigation
Founder of PureChoice on Trial for Federal Fraud Charges
- Oct 20 2016
Bryan Reichel, founder of PureChoice — deceptive or duped? Business lawsuits involving accusations of fraud can be complicated and confusing. It is sometimes difficult to decipher who is lying and …
Purolite Files Suit Alleging Trade Secret Misappropriation by Hitachi
- Oct 17 2016
What is behind the lawsuit accusing Hitachi of Stealing Trade Secrets from Purolite? At the end of August, Purolite, an American water treatment company based in Pennsylvania, filed a lawsuit …
Information Learned From Government Agencies, If Reported To The Department Of Justice, May Suffice To Trigger The False Claims Act Statute Of Limitations
- Oct 11 2016
Practitioners involved in qui tam litigation often encounter questions concerning when the statute of limitations begins to run. Under the False Claims Act (“FCA”), the government (or relator) must file …
New York State Attorney General Investigating Mylan Pharmaceuticals for Unfair Competition
- Sep 22 2016
What anticompetitive business actions are considered unfair? Amidst the recent commotion surrounding the wildly elevated prices of certain products sold by Mylan Pharmaceuticals (“Mylan”), New York State Attorney General Eric …
Scienter and Justifiable Reliance: Two Elements of a Fraud Claim That Can Sink a Lawsuit
- Sep 13 2016
On May 31, 2016, the Appellate Division, First Department, issued MP Cool Investments Ltd. v. Forkosh, 2016 NY Slip Op. 05944, a case involving allegations of fraud in connection with …
Yes … It Is Possible to Breach the Implied Covenant of Good Faith and Fair Dealing Implied in Every Contract
- Sep 2 2016
When parties negotiate the terms of a contract, they cannot account for every contingency or event that may affect performance. To be sure, they try. But, it is simply not …
Third Parties Beware of the Agent Who Does Not Disclose the Identity of the Principal
- Jul 29 2016
An agency relationship occurs when a principal gives legal authority to an agent to act on the principal’s behalf when dealing with a third party, and obtains the agent’s consent …
Charter-Time Warner Merger Sparks Univision Licensing Fee Dispute
- Jul 20 2016
After a merger, which agreement controls when both companies have pre-existing contracts with a common third party? In May 2016, Stamford-based Charter Communications Inc. (“Charter”) completed its acquisition of Time …
E-mails Confirming Material Terms of an Oral Agreement Satisfy the Statute of Frauds
- Jul 12 2016
In today’s digital world, it is not uncommon for individuals and businesses to memorialize the terms of their oral agreements through email. But are such agreements enforceable? The answer depends …
