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Search results for "americans with disabilities act"

1393 results found for "americans with disabilities act"

  • Enforcement News: SEC Charges Broker-Dealers/Investment Advisers With Deficiencies Relating to the Prevention of Customer Identity Theft

    The Fair Credit Reporting Act of 1970 (“FCRA”),2 as amended in 2003,3 required several federal agencies In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), which, among other things, amended the FCRA to add the CFTC and SEC to the list of federal agencies Welshhans, Acting Chief of the SEC Enforcement Division’s Crypto Assets and Cyber Unit. See Fair and Accurate Credit Transactions Act of 2003, Pub. L. 108-159, 117 Stat. 1952 (2003).

  • Federal Preemption: The FAA Trumps GBL 399-c’s Prohibition of Mandatory Arbitration Agreements

    a mandatory arbitration clause will prohibit the individual from bringing his/her claim as a class action Supreme Court’s endorsement of arbitration and its interpretation of the Federal Arbitration Act (“FAA in a 5-4 ruling, that corporations could ban individuals from enforcing their rights through a class action Plaintiff brought the action in his individual capacity and on behalf of similarly situated consumers E.g. , American Intl. Specialty Lines Ins. Co. v.

  • General Release That Was Entered Because of Defendant’s Fraudulent Misrepresentations Held Not To Be Enforceable

    In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject If “the language of a release is clear and unambiguous, the signing of a release is a ‘jural act’ binding Jones involved a breach of contract action arising out of a claimed business partnership pursuant to and conduct of Defendant concerning the complaint to the New York State Gaming Commission … involve acts AmÉrica MÓvil, S.A.B. de C.V. , 17 N.Y.3d 269, 276 (2011). Id. (internal quotation omitted).

  • The First Department Addresses Reimbursable Fees Awardable Under RPAPL 881

    The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result The Court also rejected Petitioner’s argument that awarding attorney’s fees is inconsistent with the “American

  • Press Release With a Worldwide Distribution Insufficient to Confer Personal Jurisdiction Over Defendant

    regulator launched an investigation into defendants, and on December 8, 2017, concluded that defendants had acted District of New York, alleging violations of the Federal Racketeer Influenced and Corrupt Organizations Act , even though CPLR § 302(a)(3) – which explicitly concerns jurisdiction as to out-of-state tortious acts “‘some act by which the defendant purposefully avails itself of the privilege of conducting activities of other sorts of litigation. 15 In non-defamation cases, “proof of one transaction,” or a “single act

  • CONTRACT INTERPRETATION IN THE TIME OF COVID

    Permasteelisa North America Corp. , 190 A.D.3d 603, 607 (1 st Dep’t 2021) (citation and internal quotation Global Reinsurance Corp. of America v. occupancy and/or enjoyment of the and/or the ability to operate its business thereon or therefrom by action

  • The Supreme Court Grants Certiorari To Determine Whether Tolling Under American Pipe Applies To A Statute Of Repose

    Utah , 414 U.S. 538 (1974) (“ American Pipe ”), the filing of a securities class action lawsuit tolls the statute of repose found in Section 13 of the Securities Act of 1933 (the “Act”).  CalPERS also alleged violations of the Act. Securities Act with respect to the claims of putative class members? Pipe tolls the Act’s statute of repose.

  • Enforcement News: “Safe Harbor” Affords Whistleblower Opportunity to Receive An Award Even Though The Tip Was Initially Reported Internally

    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 Securities and Exchange Commission securities fraud and other violations of the securities laws, including the Foreign Corrupt Practices Act Under this “safe harbor” ( see Rule 21F-4(b)(7) of the Securities Exchange Act of 1934 ( here )), the

  • Legal Opinion Letters Can Be Fraudulent

    According to Creif, Seung admitted that he did not “confirm that Stevo and Taing could actually act on content of the defendant’s false representations, as well as the details of the defendant’s fraudulent acts , including when the acts occurred, who engaged in them, and what was obtained as a result.  that CPLR § 3016(b) “should not be so strictly interpreted as to prevent an otherwise valid cause of action Chipotle Mexican Grill, Inc. , 135 A.D.3d 535, 537-38 (1st Dept. 2016), aff’d , 29 N.Y.3d 137 (2017).

  • Why Are The Courthouse Doors Closing on Ordinary Americans?

    free legal representation”; “the imposition of mandatory arbitration”; “judicial hostility to class action Judge Rakoff offered a few suggestions to open the courthouse doors to ordinary Americans.  ignorance or ideology for judges to continue to give their approval to devices that effectively deny Americans

  • Conclusory Allegations of Scienter Held Insufficient to State a Claim for Fraud

    Haber “The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge , many cases involving an alleged fraud often rise and fall on the scienter element of the cause of action To allege scienter, a plaintiff must allege with particularity that the defendant had an “actual intent The Court held that the motion court “properly dismissed the cause of action for fraud against” the The Court explained that plaintiff “offer no facts that would allow a court to infer that acted deliberately

  • Enforcement News: With Friends Like These …

    When in doubt, one should act as though the information is material. Winkler, Acting Regional Director of the SEC’s San Francisco Regional Office. defendant is charged with violating the antifraud provisions of Section 10(b) of the Securities Exchange Act In addition to the SEC action, the U.S. “Insider trading is not a game - it’s a federal crime,” said Acting Special Agent in Charge Stone.

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