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1208 results found for "lien law"
- “Missed it by That Much” – CPLR 205-A and FAPA
new action would have been timely commenced within the applicable limitations period prescribed by law
- Enforcement News: Interactive Brokers LLC Agrees to Settle Charges It Failed To File Suspicious Activity Reports for U.S. Microcap Securities Trades
Broker-dealers are required to file SARs for transactions suspected to involve fraud or a lack of an apparent lawful designed to evade any requirement of the Bank Secrecy Act (“BSA”), or (4) have no business or apparent lawful Interactive Brokers violated the financial recordkeeping and reporting provisions of the federal securities laws “SAR filings are an essential tool in assisting regulators and law enforcement to detect potential violations of the securities laws, particularly in the microcap space,” said Marc P.
- Enforcement News: SEC Brings Emergency Action Against Alleged Perpetrators of an Affinity Fraud and a Ponzi Scheme
Because of the tight-knit structure of the group, it can be difficult for regulators or law enforcement SEC charged certain defendants with violations of the antifraud provisions of the federal securities laws
- Forget Pfizer!!! Obliterate COVID-19 With a Dose of the Mootness Doctrine
“It is a fundamental principle of our jurisprudence that the power of a court to declare the law only separation-of-powers doctrine, and in methodological strictures which inhere in the decisional process of a common-law In our view, although the issue of the lawfulness of the prior challenged guidance implemented as part
- Enforcement News: The Dark Web, Affinity Fraud, Ponzi-Like Schemes, False and Misleading Statements and The SEC’s Crackdown on Alleged Fraudsters
The SEC charged Heckler with violations of the antifraud provisions of the federal securities laws. "> The SEC charged Fassari with violating the antifraud provisions of the federal securities laws, and The SEC charged Levine with violating the antifraud provisions of the federal securities laws. The SEC charged defendants with violating the antifraud provisions of the federal securities laws, and The SEC charged Jones with violating the antifraud provisions of the federal securities laws.
- Fraud, Group Pleading and Particularity
, defendants fraudulently transferred some of those funds without consideration to Yuan’s father-in-law "> Both the Federal Rules of Civil Procedure and the Civil Practice Law and Rules require a plaintiff Under New York law, managing members of an LLC owe its members fiduciary duties. 10 Finally, the court
- Enforcement News: The Importance of Supervision, Documentation and Due Care
The PCAOB oversees audits of public companies that are subject to the securities laws in order to protect
- Court of Appeals Holds No Violation of GBL 349 In the Absence of Affirmative Conduct That Tends to Deceive Consumers
But, in the span of nine days, the Court issued two opinions addressing General Business Law § 349. about its insurance plan satisfied the consumer-oriented element of a claim under General Business Law Collazo , plaintiffs sought a declaration that their apartments were subject to rent stabilization laws The building is subject to the Rent Stabilization Law. or to disclose the relevant provisions of the law).
- Court Holds Party Fails to Make Prima Facie Entitlement to Liquidated Damages Despite Breach of Agreement
Firm Defendants” or the, “Law Firms”), and one of the Law Firms’ partners, defendant Paul J. She further alleged that after Napoli fired her, she continued to work on the Law Firms’ matters, at The Law Firm Defendants answered the complaint in August 2015. , privileged, proprietary or sensitive information related to the Law Firms’ matters and clients. The law firm defendants established as a matter of law that plaintiff violated the confidentiality provision
- Supreme Court, Kings County, Denies Unopposed Motion for Summary Judgment Due to Evidentiary Failures
established sufficiently to warrant directing judgment in favor of the moving party as a matter of law for summary judgment upon a determination that the movant’s papers justify holding, as a matter of law
- In a Case of First Impression Amongst New York Appellate Courts, the Appellate Division, Second Department, Determines the Operative Date for Requiring Both Leave of Court and Stipulation of the Pa...
close of lender’s case, borrower “made an application pursuant to CPLR 4401 for judgment as a matter of law findings of fact, or the submission of the case to a court during a bench trial, operates as a bright line referee is not final as the referee, while setting forth his or her findings of fact and conclusions of law
- The Attorney-Client Privilege: Common Interest Doctrine and Communications By Corporate Representatives Which Convey Legal Advice
The Tension Between Disclosure and The Attorney-Client Privilege The Civil Practice Law and Rules (“CPLR establishing the elements of the privilege. 8 The attorney-client privilege is the oldest among common-law evidentiary privileges. 9 It is intended to foster open and candid dialog between lawyer and client for the litigation.” 28 As such, the communications between plaintiffs, nonparty entities and non-lawyers
