Street Reform and Consumer Protection Act (the “Dodd-Frank Act” or the “Act”) against a company without Section 21F(h) of the Act protects whistleblowers who provide information to the SEC about violations of the securities laws, or violations of any protected activity under the Sarbanes-Oxley Act of 2002 as it had done with IGT, prosecute violations of the anti-retaliation provisions of the Dodd-Frank Act Links: SEC press release SEC Order Section 21F(h) of the Dodd-Frank Act T his article was written by

An account stated cause of action “cannot be utilized simply as another means to attempt to collect under Praeger , a case solidifying the First Department’s position on whether account stated causes of action are duplicative of breach of contract causes of action. The plaintiffs moved for summary judgment on their respective account stated cause of action and the stated: herefore, this Court wants to make clear that an account stated is an independent cause of action

Underlying this discretion is the duty to act in good faith and with fair dealing. American Home Prods. When the contract contemplates the exercise of discretion by the parties, it includes a promise not to act New York law does not, however, “recognize a separate cause of action for breach of the implied covenant noted that “[E]ven assuming that his conduct did not violate the express terms of his agreement to act

Beasley (here), the SEC brought an emergency action against several Las Vegas-area individuals and companies violations of the antifraud provisions of the federal securities laws, certain individual defendants with acting The SEC announced the action on April 15, 2021 (here). "> Commenting on the action, Tanya Beard, Acting Director of the SEC’s Salt Lake Regional Office, said In this regard, the SEC has investigated and taken quick action against affinity frauds that have targeted

American Stevedoring Inc. , 105 A.D.3d 178, 183 (1 st Dep’t 2013). addition to the stated interest rate on the subject note, other factors are used in determining the actual For example, in American E Group LLC v. affirmed the District Court’s refusal to enforce a promissory note and the dismissal of the lender’s action insurance coverage , there was a question of fact as to whether “the purported insurance fee was, in actuality

Circuit) reaffirmed the “stringent” pleading requirement for cases brought under the False Claims Act held that the “particularity” standard for litigating complex schemes or fraud under the False Claims Act a “chain” or sequence of events that, taken as a whole, constitute a violation of the False Claims Act Sixth Circuit’s holding in Ibanez will almost certainly blunt future litigation under the False Claims Act If you are aware of a violation of the False Claims Act and would like competent advice on how to move

which includes reporting fraud that is or should be apparent” to the accountant.” 1 1650 Broadway is action accountant hired to perform ‘compilation services’ shielded from liability for the alleged improper activities Plaintiffs alleged that when Ellen stepped back from active operations of the Diner, Kenneth began looting In 2021, plaintiffs commenced the action asserting claims for fraud and breach of fiduciary duty against The Court held that “Plaintiffs sufficiently pleaded causes of action for accounting malpractice and

After all, noted the court, “a corporation may only act through the acts of its agents, such as its directors For this reason, said the court, “any action of the board of directors is an action of the corporation Plaintiff commenced the action in 2018 and asserted a variety of contract and tort causes of action against entity with the capacity to sue and be sued separate and apart from the corporation on whose behalf it acts Americans for African Adoptions, Inc., 890 F. Supp. 2d 671, 678-679 (N.D. W.Va. 2012); Team Sys.

This issue is at the heart of a dispute between American industrial giant General Electric Co.

It further rejected arguments that the action was premature, finding that defendants failed to establish On October 4, 2024, plaintiff, acting through his representative, executed a Statement of Work (“SOW” that the motion court “properly denied defendants' motion to dismiss the breach of contract cause of action were “at [the] pre-answer, pre-discovery stage of the litigation.”[3] The Court also held that the “action Corp., 79 A.D.3d 425, 426 (1st Dept. 2010). [3] Id., citing Chanko v American Broadcasting Cos.

violations of General Business Law (“GBL”) §§ 349 and 350, which prohibit false advertising and deceptive acts materially misleading, and that (3) the plaintiff suffered injury as a result of the allegedly deceptive act GBL § 349 claim. [7]   Nevertheless, a plaintiff must allege the existence of a materially misleading act act or deceptive advertisement is whether the act or advertisement is “likely to mislead a reasonable consumer acting reasonably under the circumstances.” [9] Whether a particular act or advertisement

noted in prior Blog articles, RPAPL 1304 requires that at least ninety days before commencing legal action a list of approved housing agencies that offer free or low-cost counseling; and, advise that legal action may be commenced after ninety days if no action is taken to resolve the matter.  Bank of America, N.A. v. Wheatly , 158 A.D.3d 736 (2 nd Dep’t 2018) (citations omitted).   In our December 17, 2021, blog article we discussed Bank of America, N.A. v.