For example, investment pools are regulated under the Securities Act of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act”). In addition, investment pools are subject to the Investment Advisers Act of 1940 (“Advisers Act”), which These duties require advisers to act in the best interests of investors, avoid conflicts of interest ), and 206(4) of the Advisers Act and Rule 206(4)-8 promulgated thereunder.

requirement of CPLR 3215(c) . [1]  By way of brief background, when a defendant defaults in appearing in an action , [2]  CPLR 3215(c) requires that the plaintiff act promptly to secure a default judgment. See   Bank of America v. Lucido , 163 A.D.3d 614, 615 (2 nd  Dep’t 2018); see also Bank of America, N.A. v. a request for judicial intervention for purposes of convening a mandatory settlement conference-an act

Haber The False Claims Act (“FCA” or the “Act”) prohibits businesses and individuals from defrauding Currently, violations of the Act can result in a judgment equal to three times the losses sustained by The Act rewards whistleblowers (also known as “relators”) who successfully recover funds on behalf of , including when the acts occurred, who engaged in them, and what was obtained as a result.” (“LifeWatch”), brought a qui tam action against LifeWatch under the Act and related state false claims

Adam brought the action both derivatively, on behalf of ALP, and directly, on behalf of himself. Defendants argued that ALP’s certificate of incorporation barred plaintiffs from bringing the action motion court rejected defendants’ argument that BCL § 402(b) did not apply because Libra and/or Anderson acted The court explained that although plaintiffs averred that “Libra and Anderson have taken such action business settings.” 14 The rule does not, however, protect directors who “passively rubber-stamp[] the acts

express terms, is the sole statute governing the tolling or revival of the statute of limitations for an action In 2019, the limited partners brought a derivative action against defendant pursuant to RPAPL § 1501( ">   RPAPL §1501(4) permits a mortgagor to commence an action to have an encumbrance of record removed practice law and rules other than an action for the recovery of real property ….” erious impairment of titles to land and hindrance of real property financing" (1961 Law Rev Commn., Acts

of 1933 (“Securities Act”) and the Securities Exchange Act of 1934 (“Exchange Act”), including Section 10(b) and Rule 10b‑5, as well as violations of Sections 17(a)(1), (2), and (3) of the Securities Act also alleged violations of the registration provisions of Sections 5(a) and 5(c) of the Securities Act while acting as an investment adviser to a pooled investment vehicle. , Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, and Sections 206(1), 206(2), and 206(4

Background In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) to combat illegal and fraudulent conduct on Wall Street and promote compliance with The Dodd-Frank Act contains whistleblower provisions that authorize the SEC and CFTC to pay cash rewards The absence of proceedings to enforce the anti-retaliation provisions of the Dodd-Frank Act stand in under the Commodity Exchange Act (the “Act”).

SARs are governed by the Bank Secrecy Act (“BSA”) and implementing regulations promulgated by the U.S – of the suspicious activity being reported.” Rule 17a-8 promulgated pursuant to Section 17(a) of the Securities Exchange Act of 1934 requires broker-dealers – of the suspicious activity being reported”—is a violation of Section 17(a) of the Exchange Act and The SEC found that GWFS violated Section 17(a) of the Securities Exchange Act and Rule 17a-8 thereunder

claims exclusively brought under the Securities Act of 1933 (the “1933 Act”), and does not allow for alleging only 1933 Act claims. and the Securities Exchange Act of 1934 (the “Exchange Act”). ”— alleging only 1933 Act claims. brought under the 1933 Act.”

respondeat superior, an employer can be held vicariously liable for torts committed by an employee acting “An act is considered to be within the scope of employment if it is performed while the employee is engaged “While … vicarious liability does not arise from acts that are committed for the employee's personal motives unrelated to the furtherance of the employer's business, those acts which the employer could “employee for purposes of his own departs from the line of his duty so that for the time being his acts

Importantly, the signer who claims to have some impairment, must be free of negligence. 6 This means that disability learn the contents of the document being signed. 7 “The cases consistently hold that a person” with a disability Thereafter, plaintiff commenced the action.  agreed with defendants that the motion court erred in not dismissing the fraud in the execution cause of action Paredes , the Court affirmed the denial of the motion to dismiss the fraud in the inducement cause of action

Biller, et al., an enforcement action brought by the SEC against alleged foreign boiler room operators the prospects of the companies whose stock they were touting, and failed to disclose that they were acting In actuality, explained the SEC, defendants called investors to persuade them to purchase these stocks