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877 results found for "creditors rights"
- Enforcement News: SEC, CFTC and DOJ Bring Separate Actions Against Pool Operators In Connection with a Global Cryptocurrency-based Ponzi Scheme that Bilked Investors Out of Millions of Dollars
their alleged fraud, and today’s action serves to protect investors by bringing that misconduct to light
- COVID-19, The “New Normal” and the New York Court System
As of May 26, 2020, eight additional counties in the Capital Region restored in-person court operations
- Enforcement News: SEC Charges Registered Broker-Dealer and Five of Its Registered Representatives with Violating Best Interest Obligation Regulations
disclose all material facts relating to conflicts of interest associated with the recommendation that might
- THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020 (EFFECTIVE DECEMBER 28, 2020) PROVIDES SIGNIFICANT PROTECTIONS TO, AMONG OTHERS, RESIDENTIAL MORTGAGORS SUFFERING FINANCIAL HA...
provides that the Act “shall take effect immediately and sections one, two, three, four, five, six, seven, eight
- Second Department Affirms Dissolution of Closely Held Corporation Due to Deadlock Between Shareholders
to receive a fair return on their investment or whether it is reasonably necessary to protect their rights
- Plaintiff’s Filing of an Affidavit of Service of the Summons and Complaint Several Days Late Results in the Vacatur of a Default Judgment Obtained Over Six Years Earlier
relief, however, the court must do so upon such terms as may be just, and only where a substantial right
- Court Holds That Filing An Interpleader Complaint Is Not An Actionable Wrong
action “is an equitable proceeding” brought by a third party to have a court determine the ownership rights The claimants are given the right to litigate their claims and will be bound by the decision of the court On April 22, 2014, Nachman sent Transamerica a letter in which Nachman claimed that he was the rightful
- Fraud Notes: Two Cases and The Examination of Scienter
potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might
- Disclaimer of Liability and No Reliance on Representation Clauses Revisited
“In light of this specific agreement,” concluded the Court, “plaintiff’s claims sounding in fraud and
- SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES
In light of the important role disclosure plays in the orderly progress of the litigation process, the
- "Utterly Useless" Disclosure-Only Settlement In Merger Objection Lawsuit Rejected By Court
violations ( i.e. , it is not a galactic release), there is no reason the shareholders should lose the right However, shareholders do not benefit from giving up the right to pursue future meritorious claims in In light of such scrutiny, “utterly worthless” disclosure-only settlements will not be tolerated.
- COVID-19 and The New York State Courts: “Up and Running” For “Essential and Emergency Matters”
Chief Administrative Judge Marks issued the order in light of the public health concerns of the coronavirus As Chief Judge DiFiore explained in her recent message, “in light of the filing prohibition and the Governor