Merrimack College v. KPMG LLP (Lawyers Weekly No. 12-054-17)
College barred from suing auditor for negligent failure to detect employee fraud where employee acted within scope of employment to benefit the college.
College barred from suing auditor for negligent failure to detect employee fraud where employee acted within scope of employment to benefit the college.
Arbitration clause in 2005 engagement letter does not apply retroactively to malpractice claims arising from services provided under prior separate annual contracts.
Investors in Madoff feeder funds sued KPMG for fraud and misrepresentation. Court held investors' claims were direct, not derivative, and therefore not subject to arbitration provisions in unsigned engagement letters.