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Articles tagged: Commercial Litigation
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. Read More
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. Read More
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? Read More
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. Read More
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. Read More
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 […] Read More
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. Read More
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. Read More