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- The Majority Owners Of Bareburger Are Told By The New York Supreme Court That They Can't Have It Their Way
were warranted because of plaintiff’s “lack of contributions” coupled with the fact that they were not lawyers , the court stated in footnote 26: Defendants note that they are not corporate lawyers. However, the subject transactions were done with the aid of a lawyer and accountant. Leaving aside the court’s dismay that a lawyer could agree to help structure an illegal transaction, defendants cannot hide behind ignorance of corporate law to claim a lack of bad faith.
- Ninth Circuit Joins The Second Circuit To Apply Dodd-Frank Anti-Retaliation Protections To Whistleblowers Who Report Wrongdoing Internally
Many violations of the law go unreported because people who know about them are afraid of being disciplined Sarbanes-Oxley Act of 2002,’” the Securities Exchange Act of 1934 (the “Exchange Act”), and “‘any other law those who were fired after making internal disclosures of alleged unlawful activity under SOX and other laws Thereafter, Somers sued Digital Realty, alleging violations of state and federal securities laws, including are required or protected under’ Sarbanes-Oxley, the Exchange Act, 18 U.S.C. §1513(e), ‘and any other law
- Court Holds The McCoys Were On Inquiry Notice of Defendants’ Alleged Fraud
plaintiffs, at the meeting, Goldstein referred them to Julie Rifkind, who Goldstein described as “a ‘great’ lawyer
- U.S. Supreme Court Agrees To Consider Whether The Anti-Retaliation Provisions Of The Dodd-Frank Act Protect Internal Whistleblowers
making internal disclosures of alleged unlawful activity under the Sarbanes-Oxley Act of 2002 and other laws the Act, and the period of time in which they may sue for alleged retaliation, without yielding the law administrative dispute-resolution process for claims of retaliation for reporting suspected securities-law This result could mean an increase in the number of wrongful termination and/or retaliation lawsuits
- COVID-19 Update: New York Courts Preparing for A Surge in COVID Cases
priority,” said Chief Judge DiFiore, “is the health and safety of our court family; the jurors, the lawyers
- Is The Commencement Of An Action, Particularly One Seeking Rescission, Itself An Anticipatory Breach? The New York Court Of Appeals Says No
. § 2-609: A Test of the Efficiency of the Common Law , 38 Vill. L. ordinarily a question of fact reserved for a jury, but a court may decide the issue as a matter of law In lieu of termination, Princes Point retained an option to waive the approvals and proceed to closing In Princes Point , the Court of Appeals makes clear that merely filing a lawsuit, while suggestive of After all, the repudiating party could always retract the repudiation, withdraw or settle the lawsuit
- Option Agreements In Real Estate Leases Require Careful Drafting
The Court explained the law in this regard as follows: When, as here, a tenant exercises an option to
- IN LIGHT OF COVID-19, SUFFOLK COUNTY ANNOUNCES NEW PROCEDURES FOR SCHEDULING FORECLOSURE SALES
By way of background, on July 24, 2020, Chief Administrative Judge Lawrence K.
- Derivative Standing And The Difficulty In Distinguishing Between Direct And Derivative Claims
rent, each of the defendant mangers/general partners breached their fiduciary duties under New York law Although the facts in Pokoik – namely, Pokoik’s “litigious nature” and his improper use of the lawsuit
- Third Department Gives No Break to Pro Se Litigant Attempting to Vacate a Default Judgment
After being served with a summons and complaint in a lawsuit, a defendant generally appears and serves
- Cell Phones, Videos, WhatsApp and The Spoliation of Evidence
she “want to build my case,” against plaintiff, and as late as January 16, 2019, when the New York lawsuit As to the latter, the duty to preserve was triggered by the filing of the lawsuit. in her cellphone without taking any measures to save the videos, messages, and other data after this lawsuit
- Former Customer Bets On The Wrong Business Deal
Noting that under Texas law a court can review the language of the contract to determine whether it is Under Texas law, because the issue of ambiguity is for the court to determine, courts can examine the relationship of trust and confidence exists prior to, and apart from, the agreement that is the basis of the lawsuit
