Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Securities

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NC: No Liability for Lawyer’s Bad Investment Advice when Plaintiff Doesn’t Perform Due Diligence

Posted in North Carolina, Securities
Hahne v. Hanzel, 161 N.C. App. 494, 588 S.E.2d. 915 (2003) NC: Securities law Student Contributor: David Yanoff Facts:  Plaintiffs were experienced investors and businesspersons. Defendant, during the course of representing plaintiffs with respect to other unrelated matters involving incorporation, encouraged plaintiffs to invest in a company called Invinca-Shield. Defendant explained that Invinca-Shield was in… Continue Reading

NY: Do Attorneys Owe a Fiduciary Duty to Limited Partners?

Posted in Fiduciary Duty, New York, Securities
Eurycleia Partners, LP v. Seward &Kissel, LLP, 12 N.Y.S. 3d 553(2009) NY: Underlying Securities Fraud Student Contributor: Mordechai Goldenberg Facts: Plaintiffs are limited partners in a hedge fund that was managed by John Whittier. Plaintiffs allege that the hedge fund’s offering memorandum asserted the following: 1) That the hedge fund will be audited by American… Continue Reading

FL: OK to Assign Legal Mal Cause of Action for the Benefit of Creditors

Posted in Commercial, Florida, Privity, Securities
Kaplan v. Cowan Liebowitz & Latman, P.C., 832 So.2d 138 (Fla. App. 2002) FL: Underlying private placement securities offering Student Contributor: Farah Shahidpour Facts: Medical Research Industries, Inc. (MRI) was a Florida corporation in the business of marketing medical products. William Tishman, was the majority shareholder, CEO, Chairman, secretary, treasurer, and director of MRI. MRI… Continue Reading