the state level, the protection of trade secrets is generally governed by the  Uniform Trade Secrets Act Theft, bribery, and misrepresentation are among the acts considered to be "improper means." to prevailing parties where the plaintiff’s damages “have been proximately related to the malicious acts and the acts themselves entirely motivated by disinterested malevolence on  part.” Act ("DTSA") into law. (18 USC §§ 1836 et seq.) 

Department has stated that an “RPAPL 1304 notice is a notice pursuant to the Home Equity Theft Prevention Act requires that at least 90 days before a lender, an assignee, or a mortgage loan servicer commences an action order to demonstrate compliance with requisite mailing of notices, Plaintiff must submit “proof of the actual submitted on lender’s motion for summary judgment.[3] The lender in Wilmington Savings commenced an action “search” bar. [3] Editor’s Note: in the preparation of this article, the records of the underlying action

As readers of this Blog know, we often write about the financial exploitation of America’s seniors and Indeed, a recent survey from the North American Securities Administrators Association (“NASAA”) found

the time and resources of the courts and the contracting parties”.[1] Under the Federal Arbitration Act Overview Marinos involved a negligence and wrongful death action. The Appeal Plaintiffs commenced the action on March 2, 2022. a wrongful death cause of action on their own behalf against the Revel defendants. were derivative of negligence causes of action or independent of negligence causes of action.

Haber The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), enacted on July 21, 2010, amended the Securities Exchange Act by adding Section 21F-17, “Whistleblower Incentives and or the “Commission”) adopted Rule 21F-17, which provides in relevant part: “No person may take any action the client released JPMS from liability and “promise not to sue or solicit others to institute any action To settle the action, JPMS agreed to pay a civil penalty of $18 million.

, here , here , and here ), attorney’s fees are not generally recoverable in litigation under the “American The American Rule “was originally derived from federal legislation passed in 1853 which recognized that Under the American rule, “attorney’s fees are incidents of litigation and a prevailing party may not “The American rule is intended to increase ‘free access to the courts’ for those who would otherwise As explained by the Court of Appeals, the American Rule “reflects a fundamental legislative policy decision

Haber The Securities Exchange Act of 1934 (“Exchange Act”) governs the way in which the securities markets Under the Exchange Act, most “brokers” and “dealers” must register with the Securities and Exchange Commission Section 15(a)(1) of the Exchange Act, 15 U.S.C. §78o(a). Under Section 3(a)(4)(A) of the Exchange Act, 15 U.S.C. §78c(a)(4)(A), a broker is defined as a person Unlike a broker, who acts as agent, a dealer acts as principal.

SARs are governed by the Bank Secrecy Act (“BSA”) and implementing regulations promulgated by FinCEN. of 1934 (“Exchange Act”) requires broker-dealers registered with the Commission to comply with the reporting – of the suspicious activity being reported”—is a violation of Section 17(a) of the Exchange Act and The SEC’s order found that ATSI violated Section 17(a) of the Exchange Act and Rule 17a-8 promulgated See Section 3(a)(51) of the Exchange Act and Rule 3a51-1 thereunder.

Haber Now and then a lawyer fails to meet a deadline or otherwise acts untimely.  that courts should apply when considering what constitutes reasonable excuse: To avoid dismissal of an action both a reasonable excuse for the delay in serving the complaint and a potentially meritorious cause of action extent of the delay, the prejudice to the opposing party, and the lack of an intent to abandon the action the court held that “there was no intent on the part of Plaintiffs or their counsel to abandon the action

Since the late 1970s, federal employees have enjoyed protection from retaliatory acts in response to Such protections were provided in the Civil Service Reform Act of 1978. that time, Congress has expanded the protections for federal employees in the Whistleblower Protection Act of 1989 (“WPA”) and the Whistleblower Protection Enhancement Act of 2012 (“WPEA”). Whistleblower Protection Act Of 1989 To trigger the anti-retaliation protections of the WPA, an employee

categories of individuals and entities that are required to be named as defendants in mortgage foreclosure actions New York’s Real Property Actions and Proceedings Law § 1311 , which sets forth such “necessary defendants Bank of America, N.A. , 208 A.D.3d 736, 739 (2 nd Dep’t 2022). Thereafter, the lender commenced a foreclosure action. Accordingly, the Court found that the action was abandoned as against Bennett. Jonathan H.

a large-scale affinity fraud that targeted hundreds of investors, largely from the DFW-area Indian American SEC charged all defendants with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and Nanban Ventures with violating the antifraud provisions of Section 206 of the Investment Advisers Act The SEC also seeks an order prohibiting the Founders from acting as officers or directors of a public