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Breaking Up is Hard to Do 2.0: Court Denies Motion to Dissolve Under BCL 1104-a
By: Jeffrey M. Haber Section 1104 of the Business Corporation Law (“BCL”) grants a court the power to order the dissolution of a corporation “when the holders of shares representing …
- Posted on: Mar 13 2023
Under One Silo: Fraudulent Inducement, Fraudulent Conveyance and Violation of GBL § 349
By: Jeffrey M. Haber In Standlee Premium Prods, LLC v. WGST, Inc., 2023 N.Y. Slip Op. 30625(U) (Sup. Ct., N.Y. County Mar. 2, 2023) (here), the court addressed three topics …
- Posted on: Mar 10 2023
Champerty and Fraud . . . What a Combination!
By: Jeffrey M. Haber It is not often that we examine a case involving a cause of action for champerty. The last time we did so was on April 23, …
- Posted on: Mar 8 2023
Enforcement News: Unregistered Broker-Dealer Activity Relating to Pre-IPO Funds
By: Jeffrey M. Haber The Securities Exchange Act of 1934 (“Exchange Act”) governs the way in which the securities markets and its brokers and dealers operate. Under the Exchange Act, …
- Posted on: Mar 6 2023
Publicly Available Information Negates Fraudulent Concealment Claim
By: Jeffrey M. Haber In 228 W. 72 LLC v. 228A W. 72 LLC, 2023 N.Y. Slip Op. 01057 (1st Dept. Feb. 28, 2023) (here), the Appellate Division, First Department …
- Posted on: Mar 1 2023
The Importance of Attaching Invoices When Seeking Relief Based Upon Those Invoices
By: Jeffrey M. Haber The law reporters are brimming with cases in which a plaintiff seeks relief from a defendant for the failure to make a payment that is due …
- Posted on: Feb 27 2023
Second Department Holds that Consolidation Should be Denied Where One Action is the Subject of a Pending Meritorious Motion to Dismiss
By Jonathan H. Freiberger Many times, multiple actions are pending that involve similar facts and/or legal issues. In such instances it may be appropriate to consolidate those actions pursuant to …
- Posted on: Feb 24 2023
Enforcement News: SEC Charges Former NBA Star With Misleading Crypto Investors
By: Jeffrey M. Haber Celebrities often use their fame and likeness to promote goods and services. After all, it is a way to make extra money. Sometimes, when securities are …
- Posted on: Feb 22 2023
When An Arbitration Provision Governs, Should a Court Sua Sponte Direct The Parties To Arbitrate? The Second Department Says No
By: Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead …
- Posted on: Feb 21 2023
New York Court of Appeals Makes a Significant Ruling on RPAPL 1304
By Jonathan H. Freiberger Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. See, e.g., [here], [here], [here], [here], …
- Posted on: Feb 17 2023
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