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797 results found for "park doctrine"
- Piercing The Corporate Veil: Who May Be At Risk?
The wrongful or fraudulent conduct caused harm: A critical component of the doctrine is establishing A plaintiff must demonstrate the other elements of the doctrine – namely, a fraud and causation.
- Seventh Circuit Adopts Proximate Cause Standard In Fca Cases, Overrules Causation Precedent
In fact, “they were lies that addressed a foundational part of the Government’s mortgage insurance regime Luce’s argument that the certification was not tied to any particular loan misses the mark; the V-form
- New York Class Actions – Pre-Certification Settlement Does Not Require Notice To The Putative Class
members and granted NSC’s motion to dismiss the complaint, but directed that the action would not be marked But of course Rule 908 intends to make settlement of class actions somewhat more difficult as part of
- U.S. Supreme Court Unanimously Narrows The Definition Of Whistleblower Under Dodd-Frank
(Citations omitted; orig’l emphasis; internal quotation marks omitted.)
- Court Rules That Law Banning Robocalls Is Not Unconstitutional Despite Being Content Based
Court denied the motions , except for Time Warner’s motion for summary judgment, which it granted in part and denied in part. Bennett , 131 S.Ct. 2806, 2817 (2011) (citation and internal quotation marks omitted)).
- Courts Holds That An Intermediary Was Not An Agent With Authority To Bind The Principal
Christie’s Inc. , 58 A.D.3d 469, 471 (1st Dept. 2009) (quotation marks and citation omitted). third party relied upon the misrepresentation of the agent because of some misleading conduct on the part email does not detail the terms of the sale of the Kore, and it affirmatively states that Arnon is part third party relied upon the misrepresentations of the agent because of some misleading conduct on the part
- Primer: Whistleblower Protection Act
evidence in support of its personnel action; the existence and strength of any motive to retaliate on the part actions of the government evidence the conduct described in 5 U.S.C. § 2302(b)”) (internal quotation marks
- Question Of Arbitrability Is For The Arbitrator, Not The Court, When Required By The Agreement To Arbitrate
The MDA provided, in pertinent part, that “ ll disputes, Claims or controversies arising” under the agreement examine whether the parties evinced a clear and unmistakable agreement to arbitrate arbitrability as part Life Receivables Trust , 66 A.D.3d 495 (citations and internal quotation marks omitted).
- The Director of the SEC Division of Enforcement Speaks About The Impact of The Whistleblower Program
avoid providing information that may be protected by the attorney-client privilege or the work product doctrine
- Finra's Record Haul in 2016
Buoyed in part by a handful of large penalties, the self-regulatory watchdog is on pace for a record That said, this year's total could eclipse that mark by 19 percent.
- Spoliation Of Evidence, Even If Done In The Normal Course Of Business, Is Sanctionable
An important part of any litigation is documentary discovery. Berkoski Oil Co. , 58 A.D.3d 717, 718 (2d Dept. 2009) (citation and quotation marks omitted); Mendez the destruction of the computer system, and the absence of demonstrable wilfulness on the defendants’ part
- Protecting The Integrity Of The Arbitration Process, Finra Fines Oppenheimer For Discovery Abuse
This perceived bias was based, in part, on the fact that arbitral panels were comprised of members of various discovery abuses engaged in by the firm in arbitrations involving a former Oppenheimer broker, Mark