Court’s denial of defendant’s motion for summary judgment seeking to dismiss plaintiff’s causes of action According to AGE, MSLO’s actions were intended to frustrate AGE’s performance and to make it appear that

including how it valued property used as collateral for mortgages and determined if borrowers were actually Many defendants are arguing that the statute of limitations for bringing these actions have expired. of limitations expires, the plaintiff is barred by law from pursuing the defendant for that cause of action

To warrant such recovery there must be a compulsion, -- actual, present, potential, -- and the demand find that the weight of the evidence supports the conclusion that Gimbels was not operating under an actual U-A Columbia Cablevision , 100 N.Y.2d 525 (2003), plaintiff brought a purported class action lawsuit

anti-fraud/anti-corruption programs created under the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”). million to a whistleblower who came forward with information that led to a successful SEC enforcement action To date, the SEC has recovered more than $874 million from enforcement actions resulting from whistleblower if they voluntarily provide the SEC with original information that leads to a successful enforcement action

Before or after a lien foreclosure action is commenced, but after a lien is filed, a lien can also be If the payment is made before an action to foreclose the lien is commenced, the deposit must equal the , will be sufficient to pay any judgment which may be recovered in such action.”  The Lien Law sets forth the necessary parties defendant to a mechanic’s lien foreclosure action. The property owner, who was named as a defendant in the action, moved to dismiss. 

Under the latter ( i.e. , the faithless servant doctrine), an employee who acted adversely to the employer 505, 508 (1886) (“ n agent is held to uberrima / fides in his dealings with his principal, and if he acts Any act that can give rise to a claim for breach of fiduciary duty will trigger the doctrine. To be sure, a faithless servant should not benefit from his/her acts of disloyalty. untainted by acts of disloyalty?

Section 1194 of the Real Property Tax Law permits the owner of a tax lien to “foreclose the lien as in an action “In such an action, the equity of redemption allows property owners to redeem their property by tendering the full sum at any point before the property is actually sold at a foreclosure sale.”   TAKEAWAY Frequently bankruptcy actions are filed immediately before a foreclosure sale so that the sale

The rule is actually under the purview of the DOL's Employee Benefits Security Administration, which As of now, this slot has not been filled, so immediate action on the rule is not likely. Moreover, the Trump administration could seek to repeal the rule through congressional action. Readers may recall, the Obama administration took this approach with the Defense of Marriage Act in 2011

The power of the derivative action is immeasurable. The shareholder must first formally demand the company’s board of directors act in the manner that the If the board and/or committee recommend legal action, then the board will likely file an action against The “business judgment rule” presumes that the directors of a corporation will act in the corporation directors for breaching a fiduciary duty, he/she will have to show that the officers or directors were not acting

First Department held that “a court conducting a settlement review in a putative shareholders’ class action plaintiffs moved for a preliminary injunction, and on the eve of the hearing, the parties settled the action For the relief in such a suit to be beneficial, the procured new disclosures must actually be useful release), there is no reason the shareholders should lose the right to eventually file a post-closing action

anti-fraud/anti-corruption programs created under the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”). million to a whistleblower who came forward with information that led to a successful SEC enforcement action To date, the SEC has recovered $874 million from enforcement actions resulting from whistleblower tips if they voluntarily provide the SEC with original information that leads to a successful enforcement action

of 2010 (“Dodd-Frank Act” or the “Act”). Although he has attacked many aspects of the Act, he has been silent about the SEC whistleblower program Indeed, the President-elect has stated that he intends to replace the Dodd-Frank Act with “new policies administration’s stated priorities of job growth, the repeal and replacement of the Affordable Care Act Still, the hope is that the whistleblower programs established under the Dodd-Frank Act will survive,