Posts by admin:
The Pitfalls of the Informal Appearances and the Benefit of the Corporate Veil
By Jonathan H. Freiberger This Blog has previously discussed informal appearances in an article aptly titled: “Informal Appearances,” from which the introductory information related to informal appearances is taken. Informal …
- Posted on: Apr 7 2023
Fraud and the Ice Cream Franchise
By: Jeffrey M. Haber In today’s article, we examine South Shore D’Lites LLC v. First Class Prods. Grp., LLC, 2023 N.Y. Slip Op. 01769 (1st Dept. Apr. 4, 2023) (here), …
- Posted on: Apr 5 2023
Enforcement News: The Pressure To Meet Analysts’ Expectations
Market analysts study publicly traded companies and make recommendations on the securities of those companies.1 Most analysts specialize in a particular industry or sector of the economy.2 As noted by …
- Posted on: Apr 3 2023
RPAPL 1351(1) Requires a Foreclosure Sale to Occur Within Ninety Days of the Date of the Judgment of Foreclosure and Sale
By Jonathan H. Freiberger While this Blog has addressed numerous issues relating to residential mortgage foreclosure, it has never touched upon the requirement in RPAPL 1351(1) that a judgment of …
- Posted on: Mar 31 2023
Deletion of Electronic Data: Is it Trespass to Chattels or Conversion?
By: Jeffrey M. Haber In NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), Justice Melissa A. Crane …
- Posted on: Mar 29 2023
First Department Sustains Undue Influence and Unjust Enrichment Claims in Financial Exploitation Case
By: Jeffrey M. Haber As we have noted previously, the financial exploitation of seniors is a significant problem (e.g., here, here, here, here, and here). As the incidence of financial exploitation and abuse increases, so …
- Posted on: Mar 27 2023
Be Careful When Purchasing Interests in Structured Settlement Payments
By Jonathan H. Freiberger Structured settlement annuities are frequently used by courts and litigants to provide a stream of payments to, inter alia, injured parties and/or their families in personal …
- Posted on: Mar 24 2023
Enforcement News: Cannabis Company Charged with Perpetrating a Long-Running Scheme to Defraud
By: Jeffrey M. Haber “Legal cannabis is an emerging industry, which makes it prime hunting ground for financial predators who will use every trick in the book to lure investors …
- Posted on: Mar 20 2023
WhatsApp With Your Spoliation of Important Cell Phone Information
By Jonathan H. Freiberger This Blog has frequently addressed the interplay between document discovery in litigation and the repercussions resulting from the spoliation of evidence. [See, e.g., [here], [here], [here], …
- Posted on: Mar 17 2023
Fraud Notes: First Department Talks About Misrepresentations of Fact and Justifiable Reliance
By: Jeffrey M. Haber To establish a cause of action for fraud, a plaintiff must plead a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
- Posted on: Mar 15 2023
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