On October 30, 2019, we posted an article, titled “How Short Is Too Short?” (here). The article examined the enforceability of a contractual provision that shortened the statute of limitations …
In past articles, this Blog has written about qui tam actions under the federal False Claims Act (“FCA”). Typically, the whistleblower (known as the “relator”) adds a claim under the …
In an April 20, 2020 on-line video message appearing on the New York Court System website (https://www.nycourts.gov/), Chief Judge DiFiore explained the court system’s efforts to “not only to keep …
It is well settled, and understood, that “the business and affairs of every corporation are managed by a board of directors.” Stone ex. re. AmSouth Bancorp. v. Ritter, 911 A2d …
It has been some time since this Blog examined claims for indemnification and contribution (See, e.g., here and here). In today’s post, we get the opportunity to examine these principles …
As baseball fans know, Major League Baseball (“MLB”) was rocked by the sign-stealing scandal involving the Houston Astros and, to a somewhat lesser extent, the Boston Red Sox. Not only …
Regulators and enforcement authorities have often expressed concerns about the revenue recognition practices of corporate entities and those who implement them. Indeed, improper revenue recognition is one of the most …
Too often, a plaintiff claiming breach of contract fails to identify the provision(s) of the contract alleged to have been breached, let alone that the fact that a contract was …
In today’s Fraud Notes, we examine two cases decided by the Appellate Division, First Department: Knox, LLC v. Lakian, 2020 N.Y. Slip Op. 02255 (1st Dept. Apr. 9, 2020) (here), …
The New York State Court System On April 7, 2020, Chief Administrative Judge Lawrence K. Marks issued a memorandum to all trial court justices and judges advising them that, starting …
