Blog Home

Tag: Fraud

July 11, 2016

ESG Capital Partners, LP v. Stratos, 828 F.3d 1023 (9th Cir. 2016)

Posted by: jab | Share | Comments Off on ESG Capital Partners, LP v. Stratos, 828 F.3d 1023 (9th Cir. 2016)

Download Publication The Ninth Circuit holds an attorney can be liable under securities laws and common law torts if he goes beyond his proper role, and actively participates in the client’s fraud. ESG Capital Partners, L.P. (“ESG”) was a group of investors formed to purchase pre-Initial Public Offering Facebook shares. Timothy Burns, ESG‘s managing agent, […]

Tags: , , , ,
Categories: Legal Updates

September 3, 2010

Favila v. Katten Muchin Rosenman, LLP (2010) 188 Cal.App.4th 189

Posted by: jab | Share | Comments Off on Favila v. Katten Muchin Rosenman, LLP (2010) 188 Cal.App.4th 189

Download Publication The Fourth District holds that attorneys who participate in fraudulent misrepresentations violate an independent duty and may be held liable for conspiracy with their client.  A shareholder derivative action may be precluded by the attorney-client privilege, but courts need to carefully examine questions of waiver and should not dismiss an action when it […]

Tags: , , ,
Categories: Legal Updates

March 11, 2010

Freedman v. Brutzkus (2010) 182 Cal.App.4th 1065

Posted by: jab | Share | Comments Off on Freedman v. Brutzkus (2010) 182 Cal.App.4th 1065

Download Publication The Second District holds that as between counsel, an approval on a contract as to form and content is not an actionable misrepresentation.  Gary Freedman served as outside counsel for an apparel manufacturer Teddi of California, Inc.(Teddi).  Several years prior he had also provided legal services to Carol Anderson, Inc.  (CAI) and its […]

Tags:
Categories: Legal Updates

November 28, 2006

Charnay v. Cobert (2006) 145 Cal.App.4th 170

Posted by: jab | Share | Comments Off on Charnay v. Cobert (2006) 145 Cal.App.4th 170

Download Publication The Second District holds that a client may pursue a claim that she could have settled an underlying action even absent allegations of what settlement would have been acceptable to the underlying parties.  In addition, the client was permitted to pursue fraud claims based on the attorneys’ opinion about the outcome of the […]

Tags: ,
Categories: Legal Updates

August 4, 2004

Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282 (rev. den. 10/27/04)

Posted by: jab | Share | Comments Off on Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282 (rev. den. 10/27/04)

Download Publication The Second District holds that there are no barriers to a non-client’s claim of fraud against transactional counsel who actively conceal facts material to the transaction. Frank T. Vega was a large shareholder in Monsterbook.com, which was acquired by Transmedia Asia Pacific, Inc. (“Transmedia”).  During the weeks between Vega’s acceptance of the merger offer and […]

Tags: , ,
Categories: Legal Updates

March 18, 2003

Shafer v. Berger, Kahn, Shafton, Moss, Figler, Simon & Gladston (2003) 107 Cal.App.4th 54

Posted by: jab | Share | Comments Off on Shafer v. Berger, Kahn, Shafton, Moss, Figler, Simon & Gladston (2003) 107 Cal.App.4th 54

Download Publication The Second District, Division One, holds that an attorney retained to provide coverage advice can be liable to a claimant for making a fraudulent statement about coverage. John and Jane Shafer filed an arbitration demand against their remodeling contractors, Tri-County Builders, Jay DeMay, and Perry Hanstad (“Tri-County”).  Tri-County tendered defense of the action […]

Tags: ,
Categories: Legal Updates