Misrepresentation, Fraudulent Concealment, Breach of Contract

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

Holland & Knight LLP on 9/16/2024

California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should...more

Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment

Freiberger Haber LLP on 8/28/2023

On August 23, 2023, the Appellate Division, Second Department issued two decisions that briefly touched upon fraud causes of action: Hershman v. Bank of N.Y. Mellon, 2023 N.Y. Slip Op. 04369 (2d Dept. Aug. 22, 2023) (here),...more

Does A Party To A Contract Owe A Duty To Disclose An Intention Not To Renew?

Allen Matkins on 7/28/2021

Huy Fong Foods, Inc. makes Sriracha pepper sauce and for nearly three decades Underwood Ranches, L.P. supplied the peppers for Huy Fong's sauce. Although the parties operated under written agreements for the first decade of...more

Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2021

Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations...more

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

Carlton Fields on 4/13/2018

After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

Carlton Fields on 2/14/2018

Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more