Recent New York case law graphically illustrates the key role lawyers can and should play in both preserving and preventing claims of fraud and breach of representations and warranties in complex commercial transactions involving sophisticated parties. Strategic contractual disclaimers, representations and warranties, releases, and provisions addressing remedies for fraud can significantly impact claims of fraud in a broad array of business transactions, including asset and stock purchases, mergers and acquisitions, investments, real property contracts and others.
Timely intervention by legal counsel is also vital in ensuring that claims of fraud are asserted within the statute of limitations periods and thereby preserved.
