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“Nothing Is Changed”: Justifiable Reliance in a Family Business Battle
In closely held family businesses, trust often substitutes for formalities. This phenomenon was on display in Homapour v. 3M Props., LLC, 2026 N.Y. Slip Op. 04371 (1st Dept. July 9, 2026), where the formality of “read-before-you-sign” was tested. The dispute centered on allegations that a managing member repeatedly presented family members with signature pages detached from amended LLC operating agreements while assuring them that “nothing had changed.”

Jeffrey Haber
Jul 134 min read


First Department Rejects Fraud Claims Based on Routine Boardroom Communications
On April 14, 2026, the Appellate Division, First Department issued a decision in which it reiterated the limits of fraud claims in the corporate governance context. In Massoumi v. Ganju, 2026 N.Y. Slip Op. 02208 (1st Dept. Apr. 14, 2026), the Court unanimously affirmed summary judgment dismissing fraud claims brought by a former chief executive officer who alleged that his fellow executives and directors misled him in advance of a board meeting that resulted in his removal.

Jeffrey Haber
Apr 145 min read


Partnership Breakups
In today’s article, we examine Epstein v. Cantor, 2025 N.Y. Slip Op. 06989 (2d Dept. Dec. 17, 2025) (Epstein I), and Epstein v. Cantor, 2025 N.Y. Slip Op. 06990 (Dec. 17, 2025) (Epstein II) (collectively, Epstein), related cases involving, among other things, New York’s partnership law.

Jeffrey Haber
Dec 22, 20258 min read


Assignment of Membership Interests . . . Always Check the Operating Agreement and The LLC Law
In Kober v. Nestampower, 2025 N.Y. Slip Op. 06609 (2d Dept. Nov. 26, 2025), the Appellate Division, Second Department, decided an appeal involving disputes over membership interests in a limited liability company.

Jeffrey Haber
Dec 1, 20256 min read


SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity Plans
What are the elements of a sound business succession plan for investment advisory firms facing disruption?

Jeffrey Haber
Jul 22, 20162 min read


Wall Street Pushing Back Against Labor Department's Fiduciary Rule
Wall Street trade groups are suing to block the DOL's new fiduciary rule for retirement advisors, arguing the agency overstepped its authority.

Jeffrey Haber
Jul 18, 20162 min read


Investment Advisors Have a Fiduciary Duty, says The Labor Department
What does the Labor Department fiduciary standard mean for financial advisors? After telegraphing its punch for almost 6 years, the Department of Labor recently announced the highly anticipated fiduciary standard regulation that will require financial advisors who provide investment recommendations for retirement accounts, such as 401(k)s and IRAs, to meet a fiduciary standard. These advisors are now required to put their clients' interests before their own, rather than adhe

Jeffrey Haber
May 30, 20162 min read
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