News & Analysis as of July 30, 2025

Appeals

+ Follow

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain.

Ninth Circuit Addresses the Scope of Section 12(a)(2) Liability for Misleading Opinion Statements Under Omnicare

Herbert Smith Freehills Kramer on 7/17/2025

On June 10, 2025, the U.S. Court of Appeals for the Ninth Circuit Pino v. Cardone Capital, LLC reversed in part the dismissal of claims brought under the Securities Act of 1933 based on statements made in connection with two...more

Ohio Court Holds Non-Disclosure of Sewer Assessment Fraudulent in Real Estate Sale

Kohrman Jackson & Krantz LLP on 5/30/2025

A recent Eleventh District Ohio Court of Appeals decision (Bockelman v. Griffin) reminds us that: 1) fraudulent concealment/non-disclosure is an exception to the general real estate principle of “Caveat Emptor” (Let the Buyer...more

Anatomy of a Falsifying Business Records Case Under New York Law

Lippes Mathias LLP on 4/4/2023

In the world of white-collar criminal prosecution in New York by either a District Attorney or the Attorney General, the crime of Falsifying Business Records is omnipresent. The crime of Falsifying Business Records comes...more

Half a Loaf Is Not Enough: Second Circuit Sustains Fraud Claim for Failure to Disclose SEC Investigation

McDermott Will & Emery on 6/9/2022

Companies under US Securities and Exchange Commission (SEC) investigation focus on marshaling the facts, defenses and related strategies during the course of the investigation and making presentations to the enforcement...more

DC Circuit finds negligent but not willful fraud for inadequate disclosures

Eversheds Sutherland (US) LLP on 5/3/2019

In a much-anticipated decision, on April 30, 2019, the US Court of Appeals for the District of Columbia Circuit issued its decision in Robare, a case that concerned an investment adviser’s (IA) disclosure of conflicts of...more

Appellate Court Explains Difference Between Divorce Settlement Agreement And All Other Contracts

McNees Wallace & Nurick LLC on 6/3/2016

In an April 2016 non-precedential Superior Court Appellate decision, Doyle v. Doyle, the court found that a husband and wife had entered into a valid divorce settlement agreement despite the wife’s argument that the agreement...more

This Week In Securities Litigation

Dorsey & Whitney LLP on 8/28/2015

The Sixth Circuit last week concluded that Morrison, which held that Section 10(b) does not have extraterritorial reach, is inapplicable to Advisers Act Section 10(b). The DC Circuit, on rehearing, reaffirmed its prior...more

Seller Liability for Disclosures (or Non-Disclosures), Part 2

Snell & Wilmer on 5/14/2014

In our blog post dated April 29, 2013, Matthew Fischer discussed the case Lerner v. DMB Realty, LLC (Arizona Court of Appeals, November 27, 2012). In that case, the Arizona Court of Appeals addressed, among other things, the...more

8 Results

View per page

Page: of 1

Fraud › Disclosure Requirements › Appeals

"My best business intelligence, in one easy email…"