Financial Poise

Articles tagged: Commercial Litigation

Fraud victim blame

Suing for Fraud? Here’s How the Defendant Could Blame You

While a comparative fault defense isn’t always an option in fraud cases, the defendant could still argue that the victim is to blame.

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A frustrated businessman considers invoking a force majeure clause in a business contract because of the coronavirus

Force Majeure Clauses in the Age of Coronavirus

As the COVID-19 coronavirus disrupts global business and supply chains, here’s what you should know about invoking force majeure clauses.

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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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measuring the loss of trade secret theft

Case Assessment on Trade Secret Misappropriation

How does the court calculate damages in trade secrets misappropriation cases? Learn how to measure actual loss, reasonable royalty rates and other remedies.

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The New York City Bar Versus The Litigation Funding Industry

The New York City Bar Versus the Litigation Funding Industry

Let’s Talk Litigation Funding A July 30, 2018, legal ethics opinion from the New York City Bar Association (“NYCBA”) raises concerns about a common structure used for funding of litigation. In particular, the NYCBA Professional Ethics Committee concludes: “Under Rule 5.4(a) [of the New York Rules of Professional Conduct], a lawyer may not enter into […]

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Column Takes Aim at the Topic of Fraud

Hello, my name is Adam Hirsch. Welcome to “(Alleged) Frauds, Fakes and Ponzis,” a column dedicated to exploring, explaining and occasionally making light of the world of business fraud. This column is dedicated to the proposition that most of the time, there’s not a cartoon villain or a pre-determined outcome. By way of example, consider the multiple fraud schemes that have ensnared — you guessed it — lawyers.

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A Few Minutes With…Adam Hirsch

Soon, Hirsch will share his thoughts on current events and legal issues in the world of commercial fraud in a new column called “(Alleged) Frauds, Fakes and Ponzis.” In this interview, Hirsch discusses his background, and why commercial fraud is a subject not easily generalized.

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