Topic
Misleading Statements
23 published works
Simple Justice
Because You’re Not Flynn
The backchannels of criminal defense lawyers were on fire. Have you? Never. You? Nope, can’t even imagine it. The buzz was about the government’s motion to dismiss the information against…
Bright Law Blog
Case Note: misleading statements by financial adviser
In Australian Securities and Investments Commission v Dover Financial Advisers Pty Ltd [2019] FCA 1932 Justice O’Bryan of the Federal Court decided that the provision to Dover’s clients of its…
The Blunt Truth®
FTC Issues Additional Three Warning Letters to CBD Companies
By Tonya M. Esposito, Renee B. Appel, Jonathan Huie
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The…
Bright Law Blog
Vocation directors liable for company’s misleading statements
In Australian Securities and Investments Commission v Vocation Limited (In Liquidation) [2019] FCA 807 the Federal Court of Australia decided that Vocation Ltd (In Liquidation) made misleading and deceptive statements…
Legal Profession Blog
Incomplete And Misleading
The Ohio Supreme Court imposed a stayed suspension for a misleading statement to a court.This disciplinary matter originated with Cochran’s 2012 representation of Charles Muth. According to the parties’ stipulations,…
The D&O Diary
Facts, Opinions, Omissions, and Context: The U.S. Supreme Court Issues Omnicare Opinion
In a March 24, 2015 opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (here), the U.S. Supreme Court set aside the Sixth Circuit’s ruling that allegations…
Business and Commercial
Ninth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each Putative Class Member’s Exposure to Misleading Statements in Doubt
In Berger v. Home Depot USA, Inc., Case No. 11-55592, 2014 U.S. App. LEXIS 2059 (9th Cir. Feb. 3, 2014), the Ninth Circuit Court of Appeals affirmed the denial of…
The Brand Protection Blog
ACCC v Kingisland Meatworks & Cellars: Food for thought
By Frances Drummond (AU), Alice Winter-Irving (AU)
The Australian Competition and Consumer Commission (ACCC), the consumer watchdog in Australia, is cracking down on businesses making false and misleading premium claims to obtain a selling advantage. One type…
IM Insights
SEC Steps into Fund Boardroom Once Again; Charges Adviser with Misleading Board
The SEC charged a registered investment adviser and its principal with misleading a mutual fund’s board about the adviser’s portfolio management trading capabilities. The SEC said the adviser misled the…
Legal Profession Blog
False Blog Post Draws Proposed Sanction
The Illinois Review Board has recommended a 30 day suspension of an attorney for false or misleading statements concerning her disciplinary record on a blog, in connection with her candidacy…