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Enforcement News: Cherry-Picking Revisited
By: Jeffrey M. Haber “Cherry-picking” is a practice of fraudulently allocating profitable trades to favored accounts at the expense of other advisory clients. [Eds. Note: we previously examined the illegal …
- Posted on: Sep 18 2023
Don’t Let the Other Guy be Unjustly Enriched
By Jonathan H. Freiberger Sometimes someone receives a valuable benefit from your efforts and refuses to compensate you. If the “benefit” was the result of a contractual relationship, a lawsuit …
- Posted on: Sep 15 2023
Is it A Usurious Loan or The Sale of a Receivable?
By: Jeffrey M. Haber In our last article (here), we examined a choice-of-law provision that, if applied, would violate New York public policy concerning usurious loans. In that case, Virginia …
- Posted on: Sep 13 2023
Mortgage Contingency Clauses Revisited
By Jonathan H. Freiberger Frequently, individuals or entities looking to purchase real property have insufficient savings to make the purchase with cash or otherwise do not want to purchase with …
- Posted on: Sep 1 2023
Enforcement News: SEC Settles Charges With Broker-Dealer For Failing to File Suspicious Activity Reports
By: Jeffrey M. Haber A suspicious activity report (“SAR”) is a document that financial institutions, broker-dealers, and those associated with their business, must file with the U.S. Treasury Department’s Financial …
- Posted on: Aug 30 2023
Securities Act Claims Dismissed as Time-Barred and Otherwise Insufficient
By: Jeffrey M. Haber On March 20, 2018, the United States Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, in which it unanimously held that the Securities …
- Posted on: Aug 28 2023
Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment
By: Jeffrey M. Haber On August 23, 2023, the Appellate Division, Second Department issued two decisions that briefly touched upon fraud causes of action: Hershman v. Bank of N.Y. Mellon, …
- Posted on: Aug 24 2023
Vacating a Recorded Satisfaction of Mortgage
By Jonathan H. Freiberger Generally, folks borrow money to purchase real property. Such loans are typically secured by a mortgage on the property being purchased. The mortgage, when filed with …
- Posted on: Aug 18 2023
Second Department Rejects Buyer’s Cause of Action for Specific Performance
By Jonathan H. Freiberger Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific …
- Posted on: Aug 11 2023
The Attorney-Client Privilege: Common Interest Doctrine and Communications By Corporate Representatives Which Convey Legal Advice
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege and the attorney work product doctrine.1 Today, we take another opportunity to explore the contours of …
- Posted on: Aug 9 2023
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