The Report highlights the Division’s enforcement-related actions and key initiatives for the fiscal year In FY 2018, the Commission brought 821 enforcement actions, of which 490 were “stand alone” actions brought From a year-over-year perspective, the number of Foreign Corrupt Practices Act (“FCPA”) cases brought from In the Matter of Petroleo Brasileiro S.A. – Petrobras , AP File No. 3-18843, Securities Exchange Act FCPA-related enforcement actions declined nearly 40 percent from FY 2016, when enforcement actions reached

Legislature adopted Article 9 of the Civil Practice Law and Rules (“CPLR”) to replace the State’s prior class action adopting Article 9, the Legislature intended “to set up a flexible, functional scheme whereby class actions is apparent that the Legislature intended article 9 to be a liberal substitute for the narrow class action Indeed, “ he prerequisites to the filing of a New York class action are virtually identical to those Whether an action qualifies as a class action under CPLR §§ 901(a) and 902 is within the court’s discretion

$4 million to two whistleblowers whose information and assistance led to successful SEC and related actions award in connection with an SEC case and an approximately $70 million award arising out of related actions second whistleblower voluntarily provided original information that led to the successful enforcement action Emily Pasquinelli, Acting Chief of the SEC’s Office of the Whistleblower, further highlighted the important As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not

While the action is pending or after final judgment for the plaintiff therein, no other action shall A.D.2d 666, 667 (2 nd Dep’t 1996) (citations and internal quotation marks omitted); see also Bank of America Bank of America , 202 A.D.3d at *3 (citation and internal quotation marks omitted).  Bank of America , 202 A.D.3d at *3 (emphasis in original) (citing to U.S. Bank N.A. v. After a default, lender commenced a mortgage foreclosure action in 2010 (the “2010 Action”). 

or is threatened to be made a party to or is involved in any threatened, pending or completed claim, action precondition for indemnification – it required a nexus between the underlying proceedings and the employee acting indemnification to any person “if a judgment … adverse to such … person establishes (a) that his … acts were committed in bad faith or were the result of active and deliberate dishonesty and were material Person acted in good faith”).

The Law “Generally, 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 In May 2021, plaintiff commenced the action seeking to recoup $140,738.47 from defendants, which included AmÉrica MÓvil, S.A.B. de C.V., 17 N.Y.3d 269, 276 (2011) (internal quotation marks and citations omitted

plaintiff, it is not unusual for a plaintiff to try to pierce the corporate veil in a fraud cause of action New York law allows business owners the ability to protect themselves from personal liability for the acts These facts were temporally important, noted the Court, because the “action based on an alleged fraudulent

Biotronik , 22 N.Y.3d at 805, citing American List Corp. v. U.S. Cir 2007), citing American List Corp. , 75 N.Y.2d at 44. American List Corp. , 75 N.Y.2d at 43. Thereafter, Electron commenced a legal malpractice action against defendants Perkins Coie, LLP and Bracewell

Along these lines, CPLR § 3015(e) requires that causes of action against a consumer arising out of work complaint that, inter alia , it “was duly licensed at the time of services rendered” or the cause of action Plaintiff/contractor commenced action to recover damages for work it performed renovating a townhouse The Court also recognized that the licensing requirement of the Code is not a “ministerial act” and requires

As previously explained in prior articles, actions or proceedings (collectively, “Actions”) are commenced Once the Action is commenced, the plaintiff is required to serve the initiatory papers on the defendant , and generally such service must occur within 120 days after the Action is commenced. Moreover, the submitted no evidence that the had actual notice of the action against her within the Thus, the Court determined that the motion court acted “improvidently” in granting the lender’s CPLR

This BLOG has frequently written about mortgage foreclosure actions, in general, and RPAPL 1304 specifically discussed in prior articles, RPAPL 1304 requires that at least ninety days before commencing legal action may be commenced after ninety days if no action is taken to resolve the matter. Bank of America, N.A. v. The lender in Williams-Jones commenced a mortgage foreclosure action .

The NMA appointed defendant as plaintiff’s niche administrator and authorized representative to act on insurance business, although defendant continued to perform services and engage in business development activities The Court favored this interpretation because, among other reasons, it aligned with how the parties actually