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1208 results found for "lien law"
- Enforcement News: SEC Charges Accountant with Affinity Fraud
Because of the tight-knit structure of many groups, it can be difficult for regulators or law enforcement The SEC charged Riehl with violating the antifraud provisions of the federal securities laws. Fraudsters must be held accountable under the law – no matter what community they belong to – for justice
- 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
The SEC seeks injunctions against future securities law violations, disgorgement of defendants’ ill-gotten
- The Parent and The Subsidiary. When is The Former Liable for The Actions of the Latter?
Under New York law, a corporation is considered to be a “mere alter ego when it ‘has been so dominated Takeaway Under New York law (and elsewhere), a parent corporation may be held liable for its subsidiaries
- Fraud Notes: Accounting Fraud, Scienter, Justifiable Reliance and the Statute of Limitations – A Potpourri of Fraud Allegations
plaintiffs merely claimed that they were induced “to continue to hold securities”, which, under New York law the Court noted that “‘reasonable reliance is not generally a question to be resolved as a matter of law testimony adduced during the arbitration that they came to learn that defendant was not merely Frost’s lawyer be fodder for cross-examination,” said the Court, “but they do not support a finding, as a matter of law
- Fraud Claims That Are Duplicative of Contract Claims, Until They Are Not
times than not, the fraud claim is dismissed under the duplication of claims doctrine – a principle of law
- Breach of Fiduciary Duty: Time Bars, Tolling and the Continuing Wrong Doctrine
Although New York law does not provide for a single statute of limitations for breach of fiduciary duty fiduciary tolling doctrine,” to be “inapplicable because does not apply to claims that are solely at law
- Party Cannot Rely On Contract and Disclaim Arbitration Provision Contained Therein
private person will resolve any legal disputes between them, instead of a judge or jury in a court of law
- Settlement By Email – Timing is Everything
attorney.” 12 “In addition, since settlement agreements are subject to the principles of contract law
- Settlement By Email . . . All The Material Terms are in There!
his attorney.” 3 “In addition, since settlement agreements are subject to the principles of contract law
- Fraud Claim Dismissed on Statute of Limitations Due To Inquiry Notice
Haber Under New York law, an action based upon fraud must be commenced within six years of the date the
- Court Addresses Question Concerning the Filing of Papers and Proceedings Under the CPLR When the Last Day to File Falls on a Weekend or Holiday
Under the New York Civil Practice Law and Rules (“CPLR”), however, there is no provision that addresses the absence of such a provision, New York practitioners have looked to New York General Construction Law The Law Applicable to the Dispute Under CPLR § 214(5), the statute of limitations for a negligence No court shall extend the time limited by law for the commencement of an action.” Plaintiffs argued that the Court misapprehended both the law and the facts, as the action was timely
- Purchaser of a Membership Interest in an LLC Who Had Not Been Admitted as a Member Pursuant to Operating Agreement Lacked Standing to Pursue Derivative Claims
Akers , 88 N.Y.2d 189, 193 (1996) (quoting Business Corporation Law § 626 (a)). company’s membership “in accordance with the terms and provisions of the Limited Liability Company Law Limited Liability Company Law § 102(q). Under the Limited Liability Company Law, a “ embership interest” means “a member’s aggregate rights in Limited Liability Company Law § 102(r). In Kaminski v. Sirera , 2019 N.Y. Slip Op. 01067 (2d Dept.