Sentences with phrase «action alleging sales»

Represented defendant hotel chain in putative state - court class action alleging sales of weekend packages in violation of the Florida Deceptive and Unfair Trade Practices Act

Not exact matches

That action alleges the board unfairly restricts how its members can divulge certain pieces of market information — such as negotiated sale prices and broker compensation — to their clients.

Tezos co-founders Arthur and Kathleen Breitman are reportedly hoping to use money raised in the company's token offering to pay their legal bills as they defend themselves against class - action lawsuits alleging fraud and the sale of unregistered securities.

Charging that automaker Volkswagen AG showed «total disregard for the rule of law,» state Eric Schneiderman announced that the state has filed a lawsuit against the company over its sale of cars outfitted with illegal «defeat devices» to beat emissions test and its alleged attempted cover - up of its actions.

The action alleged that Barkworks misrepresented its puppy mill breeders as «reputable,» falsely claimed that all its puppies were healthy at the time of sale and provided inaccurate breeder license numbers.

John has counseled clients in actions based on violation of state and federal securities laws relating to the sale of unregistered securities and fraudulent investment schemes, and in employment controversies that focus on non-solicitation agreements and alleged breach of fiduciary duty.

Examples of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including alleged breaches of the Etridge guidance; acting for a claimant against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for solicitors claiming contributions from another firm in respect of their own liability for breach of trust; advising clients on a claim against surveyors for losses arising from negligent property valuations.

In Louis Vuitton Malletier S.A. v Zekria Wakilzada, 2017 ONSC 2409, the Ontario Superior Court of Justice allowed Louis Vuitton to continue their action against a Toronto - area flea market in a novel claim alleging that the landlord was liable in negligence, contributory IP infringement and vicarious liability, because of the sale of counterfeit Louis Vuitton merchandise by flea market vendors.

Represented US financial institution in putative federal - court class action alleging violations of RICO and Interstate Land Sales Full Disclosure Act in connection with sales and financing of Florida homesites and hSales Full Disclosure Act in connection with sales and financing of Florida homesites and hsales and financing of Florida homesites and houses

For example, Mr. Escalante defeated class certification in an action alleging lien sale violations, and secured a federal court ruling that could preclude class certification in similar actions in the future.

Defended a US - based financial institution and its Bahamas affiliates in a putative state - court class action alleging that offshore sales of unit trust interests violated Florida securities laws

As previously reported by E-TIPS ® Newsletter, the Applicant brought a class action against Facebook, alleging it had used her name and portrait in an advertisement product known as «Sponsored Stories» without her consent, contrary to the statutory tort created by British Columbia's Privacy Act, which arises when a name or a portrait of a person is used for the purpose of advertising or promoting the a sale of a product without that person's consent for such use.

In the past, the majority of competition law private actions have been commenced for alleged breaches of the criminal conspiracy or criminal misleading advertising provisions (e.g., in relation to alleged price - fixing conspiracies, misleading representations in relation to the sale of products or on occasion misleading claims in relation to wider business or investment opportunities).

Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant - retailer in regard to sales of certain clothes dryer models.

These matters run the gamut of securities and commodities claims, including suitability, churning, misrepresentation and sales practices claims, cases alleging research and investment banking conflicts of interest, margin liquidations, incentive stock option exercises, shareholder derivative class action claims, customer solicitation claims, unfair business practices litigation, and audit and compliance advisory work.

We have represented our insurance clients as lead counsel in a variety of litigation and dispute resolution matters including: Life and Annuity Sales Practices Including class action and individual cases alleging misleading and deceptive sales practices and breaches of duty pursuant to a variety of theories of liability related to life, annuity, and retirement prodSales Practices Including class action and individual cases alleging misleading and deceptive sales practices and breaches of duty pursuant to a variety of theories of liability related to life, annuity, and retirement prodsales practices and breaches of duty pursuant to a variety of theories of liability related to life, annuity, and retirement products.

The Applicant brought a class action against Facebook, alleging it had used her name and portrait in an advertisement product known as «Sponsored Stories» without her consent, contrary to the statutory tort created by British Columbia's Privacy Act, which arises when a name or a portrait of a person is used for the purpose of advertising or promoting the sale of a product without that person's consent for such use.

The plaintiff in this action alleged that CBSI had used student - athletes» names, images, and likenesses, without their consent, in connection with its provision of services to NCAA member institutions» sale of photographs of student - athletes through the schools» official athletic websites.

Represented national fuel retailer in multi-district putative class action alleging consumer protection violations in connection with the sale of motor fuel at retail.

American customers who did not take up this initial offer subsequently launched 18 separate class - action lawsuits against Apple, alleging «misrepresenting and concealing material information in the marketing, advertising, sale, and servicing of its iPhone 4 — particularly as it relates to the quality of the mobile phone antenna and reception and related software.»

Notable mandates: Successfully fended off a class action certification motion against Canadian National Railway over alleged overcharging for grain carriage; acted for Federated Co-operatives Ltd. in its $ 138 - million acquisition of oil company Triwest Exploration Inc.; Saskatchewan counsel to Wal - Mart Canada Realty Inc. and SmartCentres Realty Inc. on the $ 200 - million sale of shopping centres to Great - West Life Assurance Co. and London Life Insurance Co.; represented Northern Property REIT in $ 70 - million purchase of Nunavut properties; advised Saskatchewan Power Corp. on its $ 1.24 - billion Boundary Dam Integrated Carbon Capture and Storage Demonstration Project.

Weil successfully represented Francesca's Holdings Corp. — a former portfolio company of CCMP that operates retail clothing stores in the United States — and its directors and officers in a shareholder class action arising out of disclosures concerning future sales and revenue projections, including section 11 claims brought in connection with three offerings during the alleged class period.

A securities class action arising from the sale of trust units in Atlas Cold Storage Income Trust (Atlas), which began in 2004, alleged that the financial statements of Atlas were misrepresented.

The filings allege that the Tezos token sale's organizers violated U.S. securities laws, echoing accusations contained in the class - action complaints previously filed.

to appeal den., 95 N.Y. 2d 759)- where broker's original agreement was validly terminated prior to the contract that led to the subject sale, any other agreement between the parties for the payment of a brokerage commission would be governed by the Statute of Frauds and the broker's claims are barred since the broker has not alleged, in connection with the alleged subsequent agreement, the existence of some writing evidencing defendant's intention to be bound; since alleged subsequent agreement is void by reason of the Statute of Frauds, broker can not use the same alleged promises as a basis for a cause of action sounding in quantum meruit

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition

THIRD PARTY DISPUTES (SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend»).