reiterates the point that the absence of standing is the death knell of a shareholder’s derivative action At the time Jacobs commenced the action, Jacobs held a 20% membership interest in WIC and Cartalemi held Jacobs brought the action on September 27, 2012, both individually and derivatively against Cartalemi and WIC, alleging five causes of action: accounting, breach of fiduciary duty, appointment of a receiver During the pendency of the action, Jacobs withdrew his ownership interest in WIC effective December 1

are barred from engaging in both proprietary trading and secondary sales and limited to the following activities mergers and acquisitions Advising issuers on raising debt and equity capital in private placements Acting in its announcement, which means for all intents and purposes that a CAB may engage only in business activities total assets of at least $50 million Any “qualified purchaser” as defined under Investment Company Act At the same time, CABs may engage in activities in the normal course of conducting business, such as

cooperation is forthcoming from thy Neighbor, an Owner can rely on section 881 of New York’s Real Property Actions The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result

consider a single question in the case – whether the attorneys for the Rigsby’s violated the False Claims Act Whistleblowers who file a lawsuit under the FCA, also known as a “ qui tam ” action, are required to Argument analysis: Justices dubious about mandating dismissal for “seal” violations in False Claims Act Freiberger Haber LLP regularly provides  whistleblower representation in False Claims Act, IRS, SEC and CFTC actions.

Tenant shall receive a credit against the purchase price in the amount of base rent actually paid for Plaintiffs complaint contained a cause of action for specific performance of the contract at the option price of $681,000 and a cause of action to recover any rent paid after exercising the option. Accordingly, the plaintiffs prevailed on their specific performance cause of action. The plaintiffs, however, failed on their second cause of action, which was to recover such rent as was

As alleged, the fraudulent actions complained of were carried out by former Company officers, including “We are very pleased to have reached the resolution announced today, which relates to activities that In addition to the SEC action, there is an ongoing investigation by the U.S. Finally, there are multiple shareholder actions involving the matters resolved by the Company and the This Blog previously wrote about derivative actions here.

to satisfy a money judgment the lender might decide to sue to foreclose the mortgage in an equitable action RPAPL §1301 provides: Where final judgment for the plaintiff has been rendered in an action to recover any part of the mortgage debt, an action shall not be commenced or maintained to foreclose the mortgage While the action is pending or after final judgment for the plaintiff therein, no other action shall As such, this action is barred by RPAPL 1301<1> and the complaint must be dismissed .

a construction worker were caused by the condition of the premises and the homeowner created or had actual

made investments on behalf of token-buyers and the digital tokens they claimed to be selling did not actually They also claimed that between $2 million and $4 million had been raised from investors when the actual The SEC’s action comes on the heels of an investor alert issued in July (here) that ICOs would be subject Nonetheless, this case highlights how bad actors are seeking to gain entry into the ICO sector.

Oct. 6, 2017) Barrett commenced her action against the defendants for conduct relating to her investment

After Gilbane’s request to Liberty for a defense and indemnification was denied, it commenced an action

For example, section 1303 of the Real Property Actions and Proceedings Law (“RPAPL”) requires that, under list of approved housing agencies that provide 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. In residential foreclosure actions involving a Home Loan, CPLR 3012-b requires that the complaint be and that the foreclosing lender is the proper party plaintiff to the action.