Northeast General Corp. v. Wellington Advertising, Inc.

Hancock, Jr., J.

(dissenting). Does an investment banker/ business consultant who is privy to critical adverse information about a prospect he is presenting to a client for a possible merger with his client’s business have an obligation to disclose that information before the merger is finalized? The majority holds that, as a matter of law, there is no such duty even when, as here, the business consultant’s compensation is to be based on a percentage of the dollar value of the consummated transaction and when disclosing the information would jeopardize the completion of the transaction and as…