By: Jeffrey M. Haber People use social media, and the Internet in general, for all sorts of reasons. Investors are no different. Investors use social media to research stocks, look up information on a broker-dealer ( see Broker Check < here =">here</a>"> ) or investment adviser ( see Investment Adviser Public Disclosure < here =">here</a>"> ), find guidance on investing strategies, receive up-to-date news, and discuss the markets with others. While social media offers inve

By: Jeffrey M. Haber A forum selection clause is a contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually every type of contract imaginable, e.g., employment agreements, commercial contracts, and purchase and sale agreements. Parties require forum selection clauses to reduce litigation expenses, avoid adverse laws, and mitigate the risks associated with unknown foreign judges and/or juries.

By Jonathan H. Freiberger In its February 20, 2021, article entitled: “ The New York Court of Appeals Decides Four Cases, In One Opinion, Addressing and Clarifying Issues Related to the Timeliness of the Commencement of Mortgage Foreclosure Actions ” (the “Prior Article”), this Blog discussed, Freedom Mortgage Corp. v. Engel , 37 N.Y.3d 1 (2021), a February 18, 2021, decision by the New York Court of Appeals. In Freedom , the Court of Appeals decided four cases “each turning

By: Jeffrey M. Haber The SEC Giveth In our last article (posted on September 17, 2021 ( here )) discussing the SEC’s whistleblower program, we noted that the Commission has paid more than $1 billion in awards to hundreds of whistleblowers since issuing its first award in 2012. In the month that followed, the amount paid to whistleblowers increased by more than $87 million. The first award of $11.5 million (announced on September 17, 2021, here ) was paid to two whistleblower

By Jeffrey M. Haber In Aybar v. Aybar , 2021 N.Y. Slip Op. 05393 (Oct. 7, 2021) ( here ), the New York Court of Appeals was asked to determine whether a foreign corporation that registers to do business in New York consents to the general jurisdiction of the State’s courts. As explained below, in a 5-2 decision, the Court held that registration under the Business Corporation Law (“BCL”) to do business in the State does not confer general jurisdiction over the corporation. Pro

Melville, NY ( Law Firm Newswire ) October 15, 2021 - Freiberger Haber LLP is pleased to announce that co-founding partners, Jonathan H. Freiberger and Jeffrey M. Haber, have been named by Super Lawyers magazine to be among the top lawyers in the New York metropolitan area. This is Mr. Freiberger’s second, and Mr. Haber’s tenth, consecutive year of selection. Both Messrs. Freiberger and Haber were recognized for their work in business litigation. Super Lawyers Magazine® is a

By Jonathan H. Freiberger Many contracts contain provisions requiring that in the event of a default, one party must provide to the other notice of the purported default and an opportunity to cure before the valuable rights under the contract can be terminated. In general “ he purpose of a Notice to Cure is to specifically apprise the of claimed defaults in its obligations under the and of the forfeiture and termination of the if the claimed default is not cured within a

By: Jeffrey M. Haber In prior articles, we discussed the impact a disclaimer clause in a contract can have on a fraud claim. See , e,g. , here . Namely, a disclaimer clause can preclude a fraud claim when (1) the disclaimer is specific to the fact alleged to be misrepresented or omitted; and (2) the alleged misrepresentation or omission does not concern facts peculiarly within the knowledge of the non-moving party. 1 Disclaimer clauses often are worded as “no reliance” claus

By: Jeffrey M. Haber As a general matter, when a contract fails to conform to the agreement between the parties due to the mutual mistake of the parties however induced, or of the mistake of one party and fraud of the other, a court will reform the contract so as to make it conform to the actual agreement between the parties. 1 The mutual mistake must be material ( i.e. , it must involve a “fundamental assumption” of the contract). 2 However, it does not mean that the mist