edition of a legal resource manual published and sold by defendant) adequately pleaded a deceptive act Cruz , 263 A.D.2d at 289)) because, unlike other provisions, section 349 broadly prohibit ‘ eceptive acts on the use to be made of the product, as what matters is whether the defendant’s allegedly deceptive act a reasonable consumer acting reasonably under the circumstances.” Himmelstein also makes clear that disclaimers specific to the alleged act or practice, which neutralize

Attorney in Manhattan recently announced a number of charges against two former executives of American ("American Realty"), a real estate investment trust ("REIT"), for their role in a 2014 accounting scandal The American Realty Scandal The September 2014 accounting scandal wiped out almost $4 billion of the American Realty eventually restated 3-1/2 years of its reported financial results. The illegal actions of senior executives, officers and directors can have a significant adverse affect

Following the stock market crash in 1929, Congress enacted the Securities Act of 1933 (the “1933 Act” ) and the Securities and Exchange Act of 1934 (the “1934 Act”). The 1933 Act has two primary objectives: (1) to provide transparency in financial statements so investors Thus, under the 1933 Act, companies that issue securities must file with the SEC a statement (known as Section 11 of the 1933 Act provides securities purchasers a private right of action if any part of a

The Foreclosure Abuse Prevention Act  (“FAPA”), which went into effect on December 30, 2022, was enacted In 2009, the lender commenced an action to foreclose the loan, which action was voluntarily discontinued The lender commenced a new action in 2016.  Pursuant to CPLR 203 (h), part of the recently enacted Foreclosure Abuse Prevention Act, "[o]nce a cause Bank of America v. Kessler , 39 N.Y.3d 317, n. 3 (2023).

serves to toll the running of a period of limitations to the date of the commission of the last wrongful act the applicable statute of limitations.[3] The doctrine “may only be predicated on continuing unlawful acts series of independent, distinct wrongs.”[4] The doctrine is inapplicable where there is one tortious act complained of since the cause of action accrues in those cases at the time that the wrongful act first doctrine’”.[9] The Court explained that the doctrine did not apply because there was only one tortious act

under the Securities Act of 1933 (the “1933 Act”), in favor of a parallel action filed in federal court , alleging claims under the 1933 Act and the Securities Exchange Act of 1934 (the “Exchange Act”). alleging claims under the 1933 Act and the Exchange Act. in connection with an initial public offering (“IPO”) in November 2017 of American Depository Shares the Exchange Act.

While it is possible for the judge overseeing the foreclosure action to determine these issues, they CPLR § 4311 provides that “[a]n order of reference shall direct the referee to determine the entire action or specific issues, to report issues, to perform particular acts, or to receive and report evidence Judicial Hearing Officer who attempts to determine matters not referred to him by the order of reference acts A challenge to a referee’s report in a mortgage foreclosure action was resolved in Bank of America, N.A

of 1995 (the “Reform Act” or “PSLRA”), 15 U.S.C. § 77z-1(b)(1), applies in state court as well as in of 1933 (“Securities Act” or “1933 Act”), holding that the PSLRA did not apply to state court actions would undermine Cyan’s holding that ‘33 Act cases can proceed in state courts. violations of the Securities Act. But see City of Livonia Retiree Health & Disability Benefits Plan v.

release.”[2] If “the language of a release is clear and unambiguous, the signing of a release is a ‘jural act or related to, or arise out of, in whole or in part, the facts, transactions, events, occurrences, acts , or failures to act that were or could have been alleged” in the prior class action by a class member or related to, or arise out of, in whole or in part, the facts, transactions, events, occurrences, acts , or failures to act that were or could have been alleged” in the prior class action by a class member

demand that the trustee (“Trustee”) take action before suing. ; and (d) wait a specified period (e.g., 60 days) for the trustee to act. · Majority Support: Often the action before it can proceed. the securities administrator, who likewise was implicated in the wrongdoing, because it had a duty to act court found that plaintiff failed to allege any facts showing that the Trustee’s acquisition of Bank of America

Those articles typically involved lawsuits arising under the Federal False Claims Act (“Federal False Claims Act”). County Aug. 7, 2019) ( here ), a qui tam action brought under the New York False Claims Act (“NYFCA” no later than 10 years after the date on which the violation of the act is committed. claims act (“NYCFCA”) that is modeled after the Federal FCA.

program helped generate $37.4 billion in foreign direct investment to create and retain U.S. jobs for Americans 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.