Financial Poise

All Articles by Adam Hirsch

Adam Hirsch

About Adam Hirsch

Adam represents a wide variety of clients, ranging from individuals to small business owners to large corporations. He has a particular focus on business and investment disputes, and has experience litigating such disputes in numerous state and federal courts. He has also represented business clients in arbitration and mediation proceedings. Adam also represents employees in employment discrimination matters.

Band and audience, representing reasonable reliance

What ‘Animal House’ Can Teach Us About Reasonable Reliance in Fraud Cases

The boys of Delta Tau Chi unknowingly teach us about an important legal defence in fraud cases. What is reasonable reliance, and when is it effective?

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Woman whispers to man, symbolizing an accredited investor keeping confidential business information

The Civil Courts: When Your ‘Confidential Business Information’ Isn’t So Secret

In a civil court case, your confidential business information is only as confidential as the judge allows. Read about Purdue Pharma’s high-profile case.

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life preserver representing bad faith insurance

PLUP Fiction: Bad Faith Insurance

Can you rely on your insurance company’s description of your insurance policy? Learn about insurance bad faith and your rights as the insured. 

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spinal tap lawsuit

This Lawsuit Goes to 11: Fraud and the Economic Loss Rule

The “This is Spinal Tap” Lawsuit If you’ve never seen This is Spinal Tap, close your browser immediately and watch. The 1984 “mockumentary” about a fictitious British rock band touring America belongs on the Mount Rushmore of movie comedies. It birthed a new style of storytelling, and it is impossible to imagine The Office, Parks and […]

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Attorney Immunity? The Allen Stanford Ponzi Case Sparks Debate

Attorney Immunity? The Allen Stanford Ponzi Case Sparks Debate

The Fraud at Night, It Shines So Bright… In 2012, Allen Stanford was convicted of running a Ponzi scheme and sentenced to 110 years in prison. As the New York Times reported, Stanford, “is now a shadow of the swaggering financier who only three years ago had an estimated fortune of over $2 billion, a […]

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It's All in the Details: The Importance of Rule 9 in Fraud Cases

It’s All in the Details: The Importance of Rule 9 in Fraud Cases

Federal Rule of Civil Procedure 9(b) works for (and against) everyone If you have not had the good fortune to litigate a fraud claim in federal court, you might not be aware of Federal Rule of Civil Procedure 9(b), which provides: In alleging fraud or mistake, a party must state with particularity the circumstances constituting […]

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puffery as a legal defense

Puff, the Magic Defense: Is Puffery a Trump Card? A Look at Puffery as a Legal Defense

Puffery as a Legal Defense- a Family Affair On Oct. 4, 2017, the New Yorker, in collaboration with ProPublica and WNYC, reported that Ivanka and Donald Trump Jr. were subjects of an investigation by the Manhattan District Attorney’s office relating to them allegedly “misleading prospective buyers of units in the Trump SoHo, a hotel and […]

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blame the victim

Does the Law Allow Fraud Defendants to Blame the Victim?

The Blame the Victim Defense: Should contributory negligence be a defense to fraud? In almost every negligence case the jury must decide if the plaintiff was partly responsible for the harm she alleges the defendant caused her. State legislatures write and rewrite complicated laws about this idea, known in the courts as “comparative fault”- deciding […]

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It's never RICO!

It’s Never RICO! What this Column Presupposes is, Maybe Sometimes it is

If you type the phrase “It’s never RICO” into Google, you’ll get a bunch of hits, including this clever and interesting discussion. The Google image search returns “House, M.D.” memes. I would beg you, dear reader, not to Google “RICO Trump”. It’s a rabbit hole where you will see all sorts of nonsense about alleged forthcoming sealed indictments […]

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Theranos

Theranos Revisited

Theranos made headlines for the alleged failure of its signature blood test – and for civil and criminal suits from its stockholders.

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