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1208 results found for "lien law"
- Deutsche Bank Employees Granted Class Certification in 401(k) Lawsuit
A class action is a type of lawsuit in which one or more persons bring an action on behalf of a group Under federal law, the Federal Rules of Civil Procedure govern class actions. “It is understandable,” therefore, “that Plaintiffs, who are not lawyers or investment professionals, Other 401(k) Class Action Lawsuits This ruling follows more than two dozen proposed class actions in The overarching issue in these lawsuits is that the firms violated their fiduciary duties under ERISA
- Alleged Fraud, Undue Influence and Financial Exploitation Withstand Motion to Dismiss an Action Brought by the Charity of a Radio Pioneer
In the petition, Radio Drama claimed that Brown’s long-time lawyer, Richard L. As noted by the Court, Respondent or another lawyer at Respondent’s law firm drafted the trust and testamentary Petitioner, unduly influenced Brown, breached his fiduciary duty to Petitioner, and violated Judiciary Law fraudulent concealment; (3) undue influence; (4) breach of fiduciary duty; (5) violation of Judiciary Law motivated by the prospect of increased commissions and control over trust assets; (ii) as grantor’s lawyer
- The CFTC Announces Multiple Whistleblower Awards Including The Largest Amount Ever Awarded At $30 Million
the violations; 3) the degree to which an award enhances the CFTC’s ability to enforce the commodity laws whistleblower participated in internal compliance systems, such as reporting the violations of the commodities laws the anti-retaliation provisions of the Act apply only to employees who report potential securities law should serve to encourage the disclosure of information about the potential violation of the commodities laws
- Be Careful What You Pay For -- The Voluntary Payment Doctrine, While Old, Is Alive And Well
voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of fact or law The subject lease was drafted when New York’s “Sunday Blue Laws” prohibited businesses from operating After the “Blue Laws” were declared unconstitutional, defendant started invoicing Gimbel Brothers for Yesterday, the First Department decided The Law Offices of Paul Chin, P.C. v. Seth A. The parties in Chin are law firms.
- Enforcement News: SEC Settles Enforcement Actions that Underscore the Importance of a Robust Regulatory Disclosure Scheme
One need only look at the SEC’s website to confirm this point: “he laws and rules that govern the securities their clients that Aequitas had provided Fieldstone with a $1.5 million loan and access to a $2 million line issuance of the order, which found that they violated the antifraud provisions of the federal securities laws
- Update: INTL FCStone Mkts., LLC v. Corrib Oil Co. Ltd. First Department Affirms Summary Judgment Grant Involving Investment in Hundreds of Transactions
June 24, 2016, FCStone commenced the action by filing a summons and motion for summary judgment in lieu Under New York law, as well as under Federal law, “the motive to earn a fee, without more, cannot be
- Court Finds Issues of Fact Over Intent to Shorten the Statute of Limitations
The Law It is well settled that parties are free to contractually shorten a limitations period as long
- Court Finds Conflicting Inferences And Credibility Issues Too Great To Satisfy Summary Judgment Burden
Sometimes, a party may conclude that the facts and law necessitate the filing of a motion for summary the timing, the moving party must establish their prima facie entitlement to judgment as a matter of law summary judgment bears the initial burden of demonstrating its entitlement to judgment as a matter of law Here, the defendants failed to establish their prima facie entitlement to judgment as a matter of law remains on the proponent of the motion to establish entitlement to summary judgment as a matter of law
- Contractual Disclaimers Did Not Preclude a Fraudulent Inducement Claim Because They Did Not Specifically Address the Subject of the Alleged Misrepresentation
The inquiry “involves a mixed question of law and fact, and, where it does not conclusively appear that Takeaway Although brief in length, Union Ave. is notable for its reiteration of the law concerning
- Enforcement News: Retail Investors to Receive More Than $125 Million Under the SEC’s Share Class Selection Disclosure Initiative
The SEC’s Crackdown on Share Class Selection-Related Violations of the Federal Securities Laws Investment SEC Comments About The Initiative “The federal securities laws impose a fiduciary duty on investment
- Do I really Have to Comply with the Subpoena? Yes!
Law § 610.10(3).
- Statements of Opinion Found Insufficient to Support a Fraud Cause of Action
The elements of a common law fraud claim are well known to readers of this Blog: to wit, a material misrepresentation Statements of Opinion Are Inactionable Under New York Law To allege a viable claim of fraudulent inducement
