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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 […]


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 […]


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 […]


Theranos

Theranos Revisited

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


Fraud claim, discovery rule legal

Bringing a Fraud Claim: Is Time on Your Side?

The statute of limitations on your fraud claim may depend on when you knew (or learned) about the fraud. When did you know? If you are an (alleged) victim of fraud, you are going to be asked this question. If your lawyer is smart, she’ll ask this question very early on.


The Real Story of an NFL Lawsuit

UPON FURTHER REVIEW: Real Story of an NFL Lawsuit

It was 4:00 AM when the police convoy rolled up on Country Crossing, a new electronic bingo house in Alabama. No fewer than 135 state police cars cascaded into the rural compound. In the aftermath, a group of NFL players—including big names like Ray Lewis and Fred Taylor—lost tens of millions of dollars.


Financial Poise Radio

Episode 92 with Adam Hirsch

Frauds! Fakes! Ponzis! In Episode 92, Chris Cahill and Adam Hirsch, of Robinson, Curley & Clayton speak of these fascinating things, along with RICO! Restitution! and Receivers! Adam draws upon his experience litigating business fraud cases to illustrate recoveries and defenses. See also Adam’s column — (Alleged) Frauds, Fakes and Ponzis — on www.financialpoise.com.


Can You Agree to Be Defrauded?

Can you agree to be defrauded? This may sound like an odd question. But, in this space showed before, the law of business fraud can lead us into some odd places. It is no spoiler to say that the answer is “yes.” You can actually agree to be defrauded. Many courts, including Illinois (where I practice), […]


How to Identify A Scam: 5 Tips

Follow these five Life Hack tips on how to identify a scam before you walk into one. Some scams are harder to discern from others, so use these five tips to protect yourself–and your money–from scammers.


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