Fraud Notes: Two Cases and The Examination of Scienter
- May 29 2024
By: Jeffrey M. Haber To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
Category: Falsity
Fraud in Connection with the EB-5 Immigrant Investment Program
- Jul 16 2023
By: Jeffrey M. Haber In 1990, Congress created the EB-5 Immigrant Investor Visa Program (“EB-5 Program”) to stimulate the U.S. economy through job creation and capital investment by foreign investors. …
Legal Opinion Letters Can Be Fraudulent
- Apr 24 2023
By: Jeffrey M. Haber In Lucky of 195 Madison St. Roofing & Contracting Inc. v. Creif, 109 LLC, 2023 N.Y. Slip Op. 02065 (1st Dept. Apr. 20, 2023) (here), the …
Fraud Notes: First Department Talks About Misrepresentations of Fact and Justifiable Reliance
- Mar 15 2023
By: Jeffrey M. Haber To establish a cause of action for fraud, a plaintiff must plead a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
Absence of the “Who”, “What”, “When” and “How” of An Alleged Fraud Warrants Dismissal of the Claim
- Nov 22 2021
By: Jeffrey M. Haber In past articles, we have discussed the necessity of pleading the “who”, “what”, “when” and “how” of an alleged fraud. See, e.g., here. In many respects, …
Fantasy Baseball and the Sign-Stealing Scandal: Court Dismisses Class Action Lawsuit Brought By Fantasy Baseball Fans
- Apr 17 2020
As baseball fans know, Major League Baseball (“MLB”) was rocked by the sign-stealing scandal involving the Houston Astros and, to a somewhat lesser extent, the Boston Red Sox. Not only …
