Good People Doing Bad Things: When a Fraud Case Is About More Than the Fraudsters

Many years ago, I represented investors who had poured millions of dollars into a venture to acquire, refurbish, and market specialized aircraft. Before we filed suit, the evidence strongly suggested that the two brokers who were marketing the aircraft: had diverted company funds for their own benefit; Concealed critical information from the investors; and Engaged …

When Founders Litigate the Wrong Case: How Ego, Reputation, and Technical Defenses Can Destroy a Winnable Fraud Defense

Startup litigation often turns on a deceptively simple question: What is the case actually about? In many founder disputes, the answer that matters most is not the one management gives itself internally, or even the one lawyers debate in conference rooms. It is the one jurors ultimately adopt after weeks of testimony. And sometimes sophisticated …

Fraud vs. Contract Claims: The Risk of Stopping Your Analysis Too Soon

In complex commercial disputes, fraud claims can be both powerful and perilous. They offer the potential for enhanced remedies and strategic leverage, but they also introduce heightened legal and evidentiary challenges that do not arise in traditional contract-based claims. As a result, the decision to pursue a fraud theory requires more than an initial assessment …