voluntary surrender of claims or whether it was obtained through misrepresentations, omissions, or active Plaintiffs brought the action in March 2025, claiming fraud and breach of fiduciary duty and seeking, basis that the release the parties had executed following the breakdown in negotiations barred the action signature on the release was clear and unambiguous, the Court held that it was “a binding and jural act Accordingly, plaintiffs possessed only a prospective right to acquire shares, not an actual ownership

alleged that defendants violated the anti-fraud and registration provisions of the Securities Exchange Act of 1934 and Securities Act of 1933.

Haber Under Section 10(a) of the Federal Arbitration Act (“FAA”), a court will vacate an arbitral award On November 9, 2020, Mohawk filed a class arbitration claim with the American Arbitration Association maintained that the agreement with Mohawk allowed their claims to be brought in arbitration as a class action Consequently, the parties agreed to brief the issue before addressing the merits of the action. 

FAPA The Foreclosure Abuse Prevention Act  (“FAPA”), which went into effect in December of 2022, “represents is an “affirmative act” sufficient to de-accelerate the loan. Bank) predecessor (BONY Mellon) commenced a foreclosure action (the “2009 Foreclosure Action”). Bank) commenced a new foreclosure action (the “2022 Foreclosure Action”) and, pursuant to RPAPL 1501( 4), the borrower commenced the subject quiet title action (the “Quiet Title Action”). [2]  In the complaint

There are risks, of varying degrees, involved with such activities. See SEC Spotlight, “SEC Enforcement Actions Against Ponzi Schemes” ( here ). “In seeking this emergency relief, the SEC is acting to protect current and potential future victims California, charged Pacheco with violating Sections 5(a), 5(c), 17(a)(1) and 17(a)(3) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rules 10b-5(a) and (c) thereunder

. 4 The engagement partner and, as applicable, other engagement team members performing supervisory activities in improper professional conduct within the meaning of Section 4C(a)(2) of the Securities Exchange Act The Public Company Accounting Oversight Board (“PCAOB”) was created as part of the Sarbanes-Oxley Act

“Claims that a consumer was not aware of the agreement or did not actually read it must be disregarded vicarious liability, which was based on defendant’s alleged negligent operation of his vehicle while active provision, providing that the arbitration agreement would be “governed by the Federal Arbitration Act Defendant Lyft moved to dismiss, or, in the alternative, to stay the action with respect to the claims , and to compel plaintiff to arbitrate the claims against Lyft pursuant to the Federal Arbitration Act

Plaintiffs brought a nationwide class action alleging fraud, negligence, and unjust enrichment, well The Court found that “plaintiffs fail to allege actual statements by Manfred that plausibly support In fact, noted the Court, “the actual statements by Manfred particularized in the complaint directed to his commitment to preventing gambling from impacting the integrity of live action baseball games As baseball fans, and students of fraud actions, this Blog will continue to monitor the action.

Applicable Principles of Law The elements of a cause of action for breach of contract are (1) the formation A cause of action for breach of contract will be dismissed if it fails to allege the breach of a specific On November 27, 2018, Drone, Bannon, and Ferro settled the California Action for $600,000.00. against Antonelos for $300,000.00 – the remaining portion of the California Action settlement sum.  Plaintiff sought $474,000 in damages, plus costs related to the prosecution of the action. 

to mention the pages of this Blog) are brimming with cases in which the courts have dismissed fraud actions within “the greater of six years from the date the cause of action accrued or two years from the time was timely or to raise a question of fact as to whether the action was timely.” Mere suspicion will not suffice as a substitute for knowledge of the fraudulent act. Erbe v. To show transaction causation, the plaintiffs must demonstrate that but for the defendant’s wrongful acts

Once an action is commenced, litigants have numerous discovery devices at their fingertips to help flesh-out The answer is provided by CPLR 3102 (c) , which permits disclosure “before an action is commenced, … to aid in bringing an action, to preserve information or to aid in arbitration…but only by court order to the actionable wrong.”  Pre-action disclosure is also available to ascertain the identity of potential defendant. 

reputation negatively affected by promoting a toxic culture, subjecting employees to discrimination, or acting Enforcement actions and regulatory investigations negatively impact the perception of an adviser in the disseminated to investors provided an inaccurate view of the actual delinquency rates on the mortgages The SEC found that Angel Oak and Negandhi violated the antifraud provisions of the Securities Act of , and Negandhi caused Angel Oak’s violation of, the antifraud provisions of the Investment Advisers Act