Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Complaints asserting securities fraud claims often include alternative claims alleging negligent misrepresentation – asserting that if material misrepresentations were not knowingly made, the defendant must have been negligent in determining the truth of the material representations made. Although there is a split in both the state and federal courts regarding the preclusionary effect of the Martin Act, General Business Law article 23-A, ��352 et seq., the defense bar should be aware of a recent decision by Justice Herman Cahn of the Supreme Court, New York County, adopting the majority view of the Southern District, that actions for negligent misrepresentations relating to the sale of securities are precluded in New York by the Martin Act.[1]

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.