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Search results for "lien law"

1208 results found for "lien law"

  • Enforcement News: SEC Settles Action Against Dual-Registered Investment Adviser/Broker-Dealer for Violating Whistleblower Protection Rule

    The purpose of these provisions was to encourage whistleblowers to report possible securities law violations impede an individual from communicating directly with the Commission staff about a possible securities law for impeding hundreds of advisory clients and brokerage customers from reporting potential securities law by FINRA, the SEC, or any other government entity or self-regulatory organization, or as required by law choosing between receiving settlements or credits from the firm and reporting potential securities law

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

    illegal activities; (2) is designed to evade any requirement of the BSA; (3) has no business or apparent lawful SAR “lack basic information regarding the Five Essential Elements … SAR s deficient as a matter of law Services Group LLC, and Paulson Investment Company, LLC agreed to settle charges that they filed with law failure of broker-dealers to include necessary information to explain suspicious transactions deprives law

  • Enforcement News: SEC Charges Investment Advisor With Violating Whistleblower Protection Rule

    success of the program with respect to detecting and preventing violations of the federal securities laws fraudulent conduct on Wall Street and promote compliance with the federal securities and commodities laws impede an individual from communicating directly with the Commission staff about a possible securities law may impede an employee or former employee from providing information to the SEC about a securities law employment contracts to silence and discourage employees from reporting violations of the securities laws

  • INFORMAL APPEARANCES

    Section 320(a) of New York’s Civil Practice Law and Rules (the “CPLR”), which sets forth, inter alia, Hall Court stated: It is true that “[i]n addition to the formal appearances listed in CPLR 320(a), the law Alexander, Practice Commentaries, McKinney’s Cons Laws of NY, CPLR C320:4), this is only true when the Alexander, Practice Commentaries, McKinney’s Cons Laws of NY, CPLR C320:1).

  • Business Dispute Between Sisters Dismissed on Statute of Limitations Grounds

    dismiss the proceeding should be denied, and the proceeding should go forward.”[12] Under New York law defendants’ motion and cross-moved for summary judgment on the ground that they demonstrated, as a matter of law contentions, granted defendants’ motion on the ground that defendants demonstrated, as a matter of law In short, Franco reinforces the principle that the law favors the diligent, not those who sit on their determine timeliness, [the court] consider[s] whether [the] plaintiff’s complaint must, as a matter of law

  • Enforcement News: SEC Underscores Importance of Compliance With Recordkeeping Rules

    Haber The federal securities laws impose recordkeeping requirements on registered investment advisers orders, acknowledged that their conduct violated recordkeeping provisions of the federal securities laws forth in the Commission’s order ( here ), acknowledged that its conduct violated the federal securities laws failed to maintain or preserve the off-channel communications as required under the federal securities laws the Commission to effectively exercise its regulatory oversight and enforce the federal securities laws

  • Sole Remedy Clause May Not Insulate a Contracting Party From the Damages Caused by Its Gross Negligence

    As a general principle of law, damages arising from a breach of contract will ordinarily be limited to There are exceptions to this rule of law, however, and as a matter of long-standing public policy, a available to parties for the failure to perform the terms of their agreement are enforceable under the law

  • President Signs VA Whistleblower Law

    At the signing ceremony for the new law, the president spoke about the VA wait time scandal in 2014 that "Today, we are finally changing those laws." revealed the existence of a significant number of misbehaving VA employees, as well as insufficient laws The new law follows a trend of whistleblower programs that have been implemented by the federal government The question remains, however, whether whistleblowers under the new law will receive financial rewards

  • Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too Indefinite To Enforce

    Thus, definiteness as to material matters is of the very essence in contract law. Moreover, New York General Obligations Law 5-703(2) requires that certain contracts relating to real New York General Obligations Law 5-703(2) “To satisfy the statue of frauds, a memorandum evidencing a (General Obligations Law § 5-703<2> ). Whether or not a writing is ambiguous is a question of law to be resolved by the courts.

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

    here ), the court was asked to consider the viability of claims for violations of General Business Law In fact, “ lthough General Business Law § 349 claims have been aptly characterized as similar to fraud The motion court concluded, “as a matter of law, that the statements contained on the packaging box for Under New York law, “ disclaimer may not bar a General Business Law § 349 claim at the pleading stage unless it utterly refutes plaintiff’s allegations, and thus establishes a defense as a matter of law

  • CPLR 2101(f) – Better Later Than Never

    Aron Law, PLLC v. Aron Law, 232 A.D.3d at 529. Against this backdrop we discuss PNC Bank, N.A. v.

  • Sometimes an Appearance is Not Enough

    The Court held that while “law office failure” can be a “reasonable excuse,” “conclusory, undetailed and uncorroborated claim of law office failure does not amount to a reasonable excuse.”

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