Authority Under the Dodd-Frank Act The whistleblower award program created under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act") in 2010 authorized the commodities watchdog program rewards individuals for voluntarily providing original information about Commodity Exchange Act Protection Against Retaliation The Dodd-Frank Act also protects whistleblowers under the CFTC program harassing (directly or indirectly), or in any manner discriminating against a whistleblower for any lawful act

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.

CPLR 321(c) , which addresses such circumstances, provides: Death, removal or disability of attorney. attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before judgment, no further proceeding shall be taken in the action against the party for from the date of the disabling event” because the “obvious purpose of the stay is to vest the party Thus, there are actually two ways in which a CPLR 321(c) stay may be lifted.

Haber An agency relationship occurs when a principal gives legal authority to an agent to act on the An agency relationship is a fiduciary one, meaning the agent, acting within the scope of his/her authority , has to act in the best interests of the principal. Under such circumstances, the acts and deeds of the agent will bind the principal, making the principal liable for the consequences of the acts that the agent has been authorized to perform.

with or the breach of any of the foregoing documents” be settled by Arbitration “administered by the American the motion court “properly granted defendant’s motion to compel arbitration and for a stay of this action parties’ assignment agreement contain a broad arbitration provision incorporating the rules of the American National Union Fire Ins. , 26 N.Y.3d 659, 675 (2016) (quoting American Express Co. v.

Haber In prior articles, this Blog examined CPLR § 3102, the statutory provision that permits pre-action CPLR § 3102(c) provides that “ efore an action is commenced, disclosure to aid in bringing an action, of action worth pursuing. a cause of action exists.” to the actionable wrong. 

Landlord, breach of the Settlement Agreement against the Trust (which EEI added as a defendant in the action for punitive damages against the Landlord and granted the Trust’s motion to dismiss EEI’s cause of action We examine the Court’s decision with respect to the fraudulent inducement cause of action. which can be relied upon to make plaintiff whole if it prevails on its breach of contract cause of action that Plaintiff merely alleged a breach of contract claim dressed up in the garb of a fraud cause of action

The SEC charged the co-founder defendants with violations of Section 17(a) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule and Section 10(b) of the Exchange Act and Rule 10b-5(a) and (c) thereunder. with aiding and abetting the co-founder defendants’ violations of Section 17(a)(2) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5(b) thereunder.

Securities and Exchange Commission (“SEC”), the North American Securities Administrators Association Protection Act, which was signed into law on May 24, 2018. This Blog wrote about the Senior Safe Act here and here . In particular, we wrote about the immunity established under the Senior Safe Act here . A guardian has a legal obligation to act in the best interest of a protected individual.

On September 4, 2018, plaintiffs commenced the action asserting causes of action sounding in, among other Plaintiffs cross-moved, inter alia, for summary judgment on that cause of action. that would of itself give the obligee a claim for damages for total breach or a voluntary affirmative act Leerburger, 233 N.Y. 55, 59 (1922); see also American List Corp. v. U.S. News & World Report, 75 N.Y.2d 38, 44 (1989). [6] American List Corp., 75 N.Y.2d at 44. [7] Id. [8] Norcon

specify to whom it was made.”5 The failure to make such allegations is fatal to a defamation cause of action Special damages must be “fully and accurately identified ‘with sufficient particularity to identify actual SalesCare”) and Marian Parker (“Parker,” and collectively with SalesCare, the “plaintiffs”) brought action separately to dismiss the complaint based on documentary evidence and for failure to state a cause of action Regarding the defamation causes of action, the motion court held that plaintiffs failed to satisfy the

generally accepted that “the equitable remedy of specific performance is routinely awarded in contract actions Korean Church of New York v. 35 Ave & Parsons, LLC , affirmed the motion court’s order dismissing an action In light of defendant’s decision to terminate the contract, plaintiff commenced an action in which it court, the Second Department stated: When deciding a motion to dismiss for failure to state a cause of action