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Search results for "lien law"
1208 results found for "lien law"
- Giving Two Contract Provisions Their Intended Meaning
Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “‘Whether an agreement is ambiguous is a question of law for the courts … Ambiguity is determined by
- “Variety is the Spice of Life” -- Service of Process under CPLR 308(4)
The law is clear that a “court lacks personal jurisdiction over a defendant who is not properly served In reversing the motion court, the Second Department, analyzed the existing case law along the lines
- Enforcement News: California-Based Broker-Dealer Settles With SEC in Connection with The Unregistered Distribution of Stock and The Failure to File SARs Pertaining to Those Transactions
suspicious activity reports (“SARs”) for transactions suspected to involve fraud or a lack of an apparent lawful are designed to evade any requirement of the Bank Secrecy Act, or (4) have no business or apparent lawful SAR “lack basic information regarding the Five Essential Elements … SAR s deficient as a matter of law and other policies and procedures reasonably designed to prevent violations of the federal securities laws
- The Doctrine of Corporation by Estoppel
Boslow Court found that while it “is undisputed that plaintiff had not complied with the Partnership Law Footnotes Like BCL § 403, Partnership Law § 121-201(b) provides that a limited partnership is formed
- Enforcement News: SEC Settles Charges With Broker-Dealer For Failing to File Suspicious Activity Reports
The law requires broker-dealers to file SARs with FinCEN to report a transaction (or pattern of transactions 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 According to the SEC’s order ( here ), ATSI’s sole line of business was to operate an OTC equity securities
- Stockholder Standing and Documentary Evidence
dismiss will be granted only if the documentary evidence resolves all factual issues as a matter of law factual allegations,” and conclusively establishes a defense to the asserted claims as a matter of law standing has the burden to establish, prima facie, the plaintiff’s lack of standing as a matter of law defendant made a prima facie showing that the plaintiff does not have standing to sue as a matter of law wrong has occurred. 14 Although there are exceptions to the rule (not applicable in Sebrow ), the law
- First Department Finds Arbitrator Exceeded Authority By Awarding Relief Not Demanded
arbitration award are narrowly construed. 2 It will be upheld even when the arbitrator makes errors of law where court can conclude, without engaging in any extended fact-finding or legal analysis, that a law arbitration, or where the award itself violates a well-defined constitutional, statutory, or common law These include: an award of punitive damages; violation of the State’s anti-trust laws; the liquidation The Court found that “neither party requested such an award and it not authorized by law.”
- Enforcement News: SEC Charges Founder of Joonko with Perpetrating An “Old School Fraud Using New School Buzzwords”
The SEC charged Defendant with violating the antifraud provisions of the federal securities laws.
- The Importance of Attaching Invoices When Seeking Relief Based Upon Those Invoices
Haber The law reporters are brimming with cases in which a plaintiff seeks relief from a defendant for The court found that plaintiff did not prove as a matter of law that it sent bills to defendant and that
- Judicial Dissolution Denied Due to Waiver of Such Relief in Governing Operating Agreement
,” said the Court, “they waived their right to ‘file a complaint, or to institute any proceeding at law See Section 417 of the Limited Liability Company Law (“LLCL”).
- FAPA and Statutes of Limitation Revisited
After discussing the law on statutes of limitation in foreclosure actions, the Court determined that
- Enforcement News: “Safe Harbor” Affords Whistleblower Opportunity to Receive An Award Even Though The Tip Was Initially Reported Internally
fraudulent conduct on Wall Street and promote compliance with the federal securities and commodities laws voluntarily provide the SEC with information about securities fraud and other violations of the securities laws group of individuals, who provide “original information” about a violation of the federal securities laws million to a former company insider who first reported information about a violation of the securities laws whistleblower, legal, or compliance procedures for reporting allegations of possible violations of law

