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1208 results found for "lien law"
- In Focus: Shareholder Derivative Lawsuits
However, shareholders may bring a derivative lawsuit against the board of directors and other responsible What is a derivative lawsuit? Before filing a lawsuit, a shareholder must demand that the board take legal action. If the board rejects the demand or refuses to act, then the lawsuit is permitted to proceed. of environmental regulations, wage and hour laws, workplace safety guidelines, or other state and federal
- Blackrock And Homestreet: The Latest Companies To Settle Charges That They Impeded Whistleblowers From Reporting Violations Of The Law
efforts to stop companies from impeding whistleblowers from reporting violations of the securities laws departing employees to waive their right to recover whistleblower awards for reporting violations of the law incentives” intended to encourage current and former employees to report violations of the securities laws exiting employees to waive their right to obtain whistleblower awards for reporting violations of the law Companies simply cannot disrupt the lines of communications between the SEC and potential whistleblowers
- Fraud Complaint That Seeks Damages Different From Contract Found Not To be Duplicative of Contract Claim
ETC Northeast Pipeline, LLC GSCP involved a lawsuit by the equity owners of EdgeMarc Energy Holdings commitments to EdgeMarc on that provision ( i.e. , that Energy Transfer had complied with applicable law falsity of its statements,’ including that the dangers and extensive violations of regulations and laws Lion Biotechnologies, Inc. , 171 A.D.3d 467, 469 (1st Dept. 2019)).
- Second Department Rejects Challenge to Confession of Judgment
It is a procedural device whereby the plaintiff or creditor can bypass the commencement of a lawsuit In New York, confessions of judgment are governed by Section 3218 of the Civil Practice Law and Rules
- Sometimes Arbitration is Not the Most Efficient Method of Dispute Resolution: TCR Sports Broadcasting Holding, LLP v. WN Partner LLC
private person will resolve any legal disputes between them, instead of a judge or jury in a court of law 10(a) of the FAA, courts have vacated arbitral awards when an arbitrator manifestly disregards the law It requires more than a simple error in law or a failure by the arbitrators to understand or apply it ; and, it is more than an erroneous interpretation of the law. . Thus, to modify or vacate an award on the ground of manifest disregard of the law, a court must find
- The Second Department Decided an Issue Under CPLR 3215(c) Addressed by it For the First Time
background, and as set forth in one of our prior Blogs: Rule 3215(c) of the New York Civil Practice Law
- THE ADMINISTRATIVE JUDGE FOR SUFFOLK COUNTY HAS PROMULGATED NEW RULES, EFFECTIVE NOVEMBER 23, 2020, TO ADDRESS THE COURT SYSTEM’S RESPONSE TO THE RECENT SURGE IN COVID-19 CASES
to once again reduce foot traffic in the courthouses to protect the health and safety of litigants, lawyers Administrative Judge Crecca incorporated by reference into the Memorandum, Chief Administrative Judge Lawrence limited to, civil and criminal bench trials and evidentiary hearings, motion arguments, Mental Hygiene Law Memorandum also contained updated operating protocols for Suffolk County Town and Village Courts along the lines
- Breach of Contract, Duplication of Claims and the Statute of Frauds: An Interesting Mix
“Under New York law, the corporate veil can be pierced where there has been, inter alia , a failure to County 2014) (citing General Obligations Law § 5-701)). “A fraud-based cause of action may lie, however, where the plaintiff pleads a breach of a duty separate Business Corporation Law § 626 provides that a derivative action may be brought on behalf of a corporation “Despite his removal,” said the Court, “Osman commenced this lawsuit on behalf of both himself and the
- Enforcement News: SEC Charges Two Companies With COVID-19 Related Fraud
March 31, 2020, the company issued another press release, announcing that it had “begun shipping” a line According to the company, these kits could “be used for Homes, Schools, Hospitals, Law Enforcement, Military Applied BioSciences charges the company with violating the antifraud provisions of the federal securities laws against TGP and Singerman charged them with violating the antifraud provisions of the federal securities laws
- Enforcement News: “Scalping”, Misappropriation and A Whole Lot More
The SEC charged Govil with violations of the antifraud provisions of the federal securities laws, as
- Beware Of Title Insurers Bearing Gifts
of Financial Services , in which the Court, inter alia , upheld certain provisions of the Insurance Law Section 6409(d) of New York’s Insurance Law provides, in pertinent part: No title insurance corporation See Financial Services Law § 102(k). DFS determined that the title insurance industry’s practices violated Insurance Law § 6409(d). This, the Court found, was “impermissible” under Insurance Law § 6409(d). Land Title at *7.
- Update: Brown v. Cerebus Capital Management, L.P. General Releases, Fraud and The Difference Between Pleading Fraud Under the CPLR and The Federal Rules of Civil Procedure
the difference between the standards for pleading fraud with particularity under the Civil Practice Law and Rules (“CPLR) and federal law ( e.g. , the Federal Rules of Civil Procedure and the securities laws
