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Search results for "lien law"
1208 results found for "lien law"
- Enforcement News: Enforcement News - SEC Awards Over $14 million to Whistleblowers to Start 2022
provided critical information and continued cooperation that helped the agency detect the securities laws group of individuals, who provide “original information” about a violation of the federal securities laws
- Deletion of Electronic Data: Is it Trespass to Chattels or Conversion?
The Applicable Law To state a cause of action for trespass to chattels, a plaintiff must allege “(1) material that defendant allegedly permanently deleted. 18 The Court found that there was “no case law Prime Line Distributors Inc. , 575 F. Supp. 3d 445, 474 (S.D.N.Y. 2021) (“Under New York Law, trespass to chattel occurs when a party intentionally Lieu , 137 A.D.3d 504, 504 (1st Dept. 2016) (finding allegations stated cause of action for trespass
- FIRST DEPARTMENT REVERSES DISMISSAL OF PERSONAL INJURY ACTION DESPITE PLAINTIFF’S PRIOR EXECUTION OF A GENERAL RELEASE
One of the leading cases on the law of releases, and as relied upon in the Prior Article, is Centro Emprésarial In discussing the law on releases, the Centro Court recognized that, in general, “a valid release constitutes
- New York Court of Appeals Holds That The Doctrine of Successor Jurisdiction Applies In a Transaction That Is Less Than a Merger
The first question asked, “Under New York law, does an entity that acquires all of another entity’s liabilities least for the purpose of defending litigation, it was insolvent. 11 SGBL contended that under New York law Appeals accepted the certified questions. 16 Beginning with the first question – whether under New York law In doing so, they should understand where jurisdiction over such liabilities may lie and the potential
- Enforcement News: SEC Whistleblower Program Makes Four Awards To End Record-Setting Fiscal Year
Protection Act (the “Dodd-Frank Act”) to, among other things, promote compliance with the federal securities laws with timely and credible 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 provided material information that alerted the Commission to the alleged violation of the securities laws Under the program, no money is taken or withheld from investors harmed by the violations of law to pay
- Fraudulent Inducement: Settlement Agreements, Releases, and No Reliance Clauses
Plaintiffs … failed to identify ‘a separate fraud from the subject of the release.’” 10 Under New York law , “ n light of section 3, plaintiffs’ reliance on misrepresentation is unreasonable as a matter of law
- Enforcement News: What Happens When Form ADV Statements Cannot Be Substantiated
Smaller advisers register under state law with state securities authorities.
- Supreme Court, Kings County, Holds That A Settlement Conference RJI Fails to Satisfy the “Take Proceedings” Requirement of CPLR 3215(c) Necessary to Avoid Dismissal
be filed before the defendant's time to answer has expired-before a default can occur as a matter of law Department of the Appellate Division (including the Second Department, save for the aberrant Zaibak line
- Failure to Identify a Statement Claimed to Be False and Text Messages as Documentary Evidence
Moreover,” noted the Court, “the text messages not ‘conclusively establish[ ] a defense as a matter of law
- Follow-up: Freedom Mortgage Corp. v. Engel
timeliness of a mortgage foreclosure claim” and each of which “involve the intersection of two areas of law The law on statute of limitations and acceleration in mortgage foreclosure actions is discussed in the The Court also found that “the unsworn allegations of fact contained in counsel's memorandum of law regarding
- Res Judicata Barred Subsequent Action To Quiet Title Because It Involved Essentially The Same Causes of Action As Asserted In An Earlier Action
disputes is strong enough generally to bar a second action even where further investigation of the law
- Enforcement News: SEC Charges Wisconsin Resident and The LLCs That He Owns and Controls with Perpetrating a Real Estate Affinity Fraud
Despite these lawsuits, said the SEC, defendants continued to solicit funds for additional “successful The SEC alleged that, based on the foregoing conduct, defendants violated the federal securities laws

