Tag Archives: Evan Flaschen

Big Boys Don’t Cry, But Fraudsters Do

By Evan Flaschen “Big boy” disclaimers are a staple of the debt syndication and trading marketplaces. While their enforceability vis-à-vis an SEC fraud investigation has always been suspect (due to public policy considerations), they are generally viewed as creating an enforceable contract between the syndicator/seller and the buyer themselves. The theory is that a sophisticated […]