Skip to main content

Topic

Misrepresentation

289 published works

  1. SEC Actions

    Broker Settles Action Based on Selling L Bonds By Making Misrepresentations

    By Thomas Gorman

    Regardless of how sophisticated an investor is, the complexity of the securities markets can at times result in an investor being deceived. A good example, is one of the Commission’s…

  2. Legal Profession Blog

    Trauma-Related Violations Result In Proposed Suspension With A Dissent

    By Michael Frisch

    An attorney's failure to properly file a document and subsequent false statements have led to a proposed six-month suspension with three months stayed by a Hearing Committee of the Massachusetts…

  3. Canadian Lawyer Mag

    Ontario Court of Appeal affirms that misrepresentation induced entry into mortgages

    By Canadian Lawyer Mag

    Appeal court adjusts remedy in case alleging fraud relating to a construction contract

  4. Zalma on Insurance

    Lies on Application Voids Policy

    By Barry Zalma

    An Insurance Company Can Avoid Liability On The Policy By Showing That The Insured Misrepresented A Material Fact Post 5018 See the full video at  https://rumble.com/v6qiz1u-lies-on-application-voids-policy.html  and at https://youtu.be/XZvAkj_PaWc Rescission…

  5. The D&O Diary

    SEC Files AI-Washing Enforcement Action Against Restaurant Technology Company

    By Kevin LaCroix

    In what may be the SEC’s first AI-washing enforcement action against a reporting company, on January 14, 2025, the agency brought a settled enforcement action against Presto Automation, a restaurant…

  6. New Jersey Insurance Coverage Litigation

    Be careful with your insurance policy application

    By Gene Killian

    Filling out an application for a commercial insurance policy is a drag, and the temptation is to rush through the process. After all, you have more important things to do,…

  7. China Law Insight

    通谋虚伪意思表示致合同无效,所取得财产应返还?且慢!——合同编通则司法解释对于通谋虚伪意思表示认定思路初探

    By King & Wood

    作者:陈永昌 陈天宇 在笔者团队近期接触到的一起买卖合同纠纷案件中,客户与相对方签订了大宗商品买卖合同,约定:客户向相对方出卖符合约定的工业原料,相对方则向客户支付相应货款。合同签订后,相对方向客户支付了足额的货款,但客户迟迟未向相对方交付相应货物的提货凭证。因此,相对方以客户为被告,向人民法院提起诉讼。审理过程中,客户提供相应证据并提出抗辩,主张案涉大宗商品买卖合同系虚构交易,实际上是有关主体开展的借贷法律关系,客户仅是被动成为虚构交易环节之一,客户已经将相对方交付的货款转交上游公司,其不负有向相对方交付货物的义务,而相对方应当向其下游买方主张货款。 阅读更多

  8. Legal Profession Blog

    Interview Notes At Issue In Bar Charges

    By Michael Frisch

    The North Carolina State Bar has filed a complaint alleging misconduct on the part of an attorney in representations he made in responding to a bar investigation.The allegations arising from…

  9. Legal Profession Blog

    Stolen Valor

    By Michael Frisch

    The Ontario Law Society Tribunal Hearing Division has imposed a four-month suspensionIn Law Society of Ontario v. McKöena, 2024 ONLSTH 91, we found Dennis Kashmeel Keevantoza McKöena, (the Lawyer), misrepresented himself as an…

  10. Legal Profession Blog

    Disbarment In South Carolina

    By Michael Frisch

    A significant number of client-related findings of misconduct led the South Carolina Supreme Court to order disbarment of an attorney.AdditionallyDuring ODC's investigation, Respondent candidly disclosed his long history of substance…