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Search results for "americans with disabilities act"

1393 results found for "americans with disabilities act"

  • Fraud in Connection with the EB-5 Immigrant Investment Program

    agreements, advertisements, and sales brochures in violation of Section 10(b)-5 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (b) theft or misuse of investor funds in violation of Section 17(a) of the Securities Act of 1933, as amended; and (c) improper solicitation of investors by unregistered broker-dealers in violation of Section 15(a) of the Exchange Act. Plaintiffs also alleged that defendants acted as promoters and solicitors for the investments and that

  • Fourth Department Applies the Common-Law “Partial Payment Exception”, which Starts the Statute of Limitations on a Mortgage Foreclosure Action to Run Anew

    Freiberger Statute of limitations issues frequently arises in mortgage foreclosure actions.  As to the limitations period relevant to mortgage foreclosure actions, we have previously written that : An action to foreclose a mortgage is governed by a six-year statute of limitations.  Lender commenced a foreclosure action and named borrower, buyer and bank as defendants.  Lender commenced a mortgage foreclosure action and moved for summary judgment. 

  • THE FIRST DEPARTMENT PERMITS AN ACCOUNTING OF THE PAYOFF AMOUNT DELIVERED TO THE LENDER AT CLOSING WHEN THE PROPERTY SUBJECT TO A MORTGAGE FORECLOSURE ACTION IS SOLD BY BORROWER PRIOR TO A REFEREE ...

    A mortgage foreclosure action “is equitable in nature and triggers the equitable powers of the court For example, due to the equitable nature of mortgage foreclosure actions, “the recovery of interest is Cordero , a residential mortgage foreclosure action in which it used its equitable powers to prevent Lender, in Cordero, commenced a foreclosure action, but the borrower sold the property before a referee sought and who, in justifiable reliance upon the opposing party's words or conduct, has been misled into acting

  • Different Factual Predicates and Parties Prevent Dismissal of Subsequent Action On Res Judicata Grounds

    on a later-filed action. Two months later, plaintiff commenced an action (the first of two prior actions) against defendant JRL Approximately one year later, plaintiff commenced a separate action (the second prior action) against with prejudice barred the action. pursuant to CPLR § 3217, alleging that the two prior stipulations of discontinuance with prejudice acted

  • Enforcement News: SEC Charges Numerous Companies With Violation of The Whistleblower Protection Rule

    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 federal The Dodd-Frank Act contains whistleblower provisions that authorize the Commission to pay substantial securities fraud and other violations of the securities laws, including the Foreign Corrupt Practices Act See In the Matter of KBR, Inc., Exchange Act Release No. 74619 (Apr. 1, 2015).

  • The Congressional Effort To Repeal The Dodd-Frank Act

    and roll back the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. ("Dodd-Frank" or the "Dodd-Frank Act"). "Those are American dreams that will never be realized." The CHOICE Act 2.0 at a Glance The CHOICE Act 2.0 takes aim at the Consumer Financial Protection Bureau ("CFPB") established under the Dodd-Frank Act.

  • Enforcement News: Broker-Dealers Settle Charges for Filing Deficient SARs

    Haber The Bank Secrecy Act (“BSA”) and implementing regulations promulgated by the U.S. Securities and Exchange Commission (“SEC” or Commission”) under Section 17(a) of the Securities Exchange Act of 1934 (“Exchange Act”) requires broker-dealers registered with the Commission to comply with the reporting sufficient SAR narratives as required by the SAR Rule is a violation of Section 17(a) of the Exchange Act The SEC’s orders found that the broker-dealers violated Section 17(a) of the Exchange Act and Rule 17a

  • Enforcement News: Interactive Brokers LLC Agrees to Settle Charges It Failed To File Suspicious Activity Reports for U.S. Microcap Securities Trades

    In parallel actions, the Financial Industry Regulatory Authority (“FINRA”) and the Commodity Futures In that regard, under Section 17(a) of the Securities Exchange Act and Rule 17a-8 promulgated thereunder , (2) involve the use of the broker-dealer to facilitate criminal activity, (3) are designed to evade any requirement of the Bank Secrecy Act (“BSA”), or (4) have no business or apparent lawful purpose. “Our regulatory regime requires certain intermediaries to monitor and report suspicious activity.

  • GBL 349 and 350, Contractual Privity and The Warranty of Merchantability

    facts showing that the statements claimed to be false were not likely to mislead a reasonable consumer acting Nevertheless, a plaintiff must allege the existence of a materially misleading act or advertisement to The test for both a deceptive act or deceptive advertisement is whether the act or advertisement is “ likely to mislead a reasonable consumer acting reasonably under the circumstances.” And, the plaintiff must prove the deceptive act caused the injury.

  • Arbitration: When “May” Means “Shall”

    Plaintiff commenced the action seeking the balance of $52,000 and post-judgment interest at the statutory when the Dispute arose, any party may submit the Dispute for consideration and final settlement to the American Agreement, the parties agreed that the arbitration clause did “not preclude any Party from bringing an action final and binding on the Parties.’”[6] Second, said the court, “Section 13.4 provides that any court action Florida.”[7] Thus, explained the court, the Purchase Agreement only provided for the filing of a court action

  • Enforcement News: Affinity Fraud and Ponzi Schemes in the News Again

    fraud and Ponzi scheme centered in the North Texas Ismaili Muslim community, where Defendant was an active The SEC charged Defendants with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. charged Defendants with violating the registration provisions of Sections 5(a) and 5(c) of the Securities Act and the settlement of enforcement actions involving Ponzi schemes and affinity frauds.

  • Enforcement News: Artificial Intelligence and The Risk of Investment Fraud

    The SEC, along with the North American Securities Administrators Association, and the Financial Industry As noted in the Alert, “ndividual investors should know that bad actors are using the growing popularity Companies Involved in AI While rapid technological change can create investment opportunities, bad actors These bad actors might use catchy AI-related buzzwords and make claims that their companies or business In addition, we regularly see bad actors impersonating SEC staff and other government officials.

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