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Enforcement News: Misappropriation of Client Funds and Stock Manipulation

By: Jeffrey M. Haber It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. …

Posted on: Dec 6 2023
By: admin

Pleading Reasonable Reliance Is “Always Nettlesome”

By: Jeffrey M. Haber In TD Bank, N.A. v. Keenan, 2023 N.Y. Slip Op. 06158 (2d Dept. Nov. 29, 2023) (here), the Appellate Division, Second Department examined the often “nettlesome” …

Posted on: Dec 4 2023
By: admin

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

By Jonathan H. Freiberger Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance …

Posted on: Dec 1 2023
By: admin

Third-Party Beneficiaries and Contract Interpretation

In Stagen v. Neu, 2023 N.Y. Slip Op. 06105 (1st Dept. Nov. 28, 2023) (here), the Appellate Division, First Department addressed an issue of contract interpretation involving a word in …

Posted on: Nov 29 2023
By: admin

Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta

By: Jeffrey M. Haber As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud …

Posted on: Nov 27 2023
By: admin

Enforcement News: SEC Brings Enforcement Action in Connection EB-5 Immigrant Investor Program

By: Jeffrey M. Haber In July of this year, we wrote about a fraud action involving the EB-5 Immigrant Investor Program (“EB-5 Program” or “Program”) (here). Under the EB-5 Program, investors …

Posted on: Nov 22 2023
By: admin

Fraud: Failure to Identify a False Statement, Group Pleading and The Failure to Plead the Claim with Particularity

By: Jeffrey M. Haber In Barlow v. Skroupa, 2023 N.Y. Slip Op. 05786 (1st Dept. Nov. 16, 2023) (here), the Appellate Division, First Department affirmed the dismissal of a fraud …

Posted on: Nov 20 2023
By: admin

Second Department Finds That Merchant Agreement Is A Criminally Usurious Loan

By Jonathan H. Freiberger Today’s Blog article is about usury, a topic that has previously been covered. See, e.g., [here], [here], [here], [here]. Society’s disdain for usury was recently articulated …

Posted on: Nov 17 2023
By: admin

When Disaster Strikes, is it Spoliation?

By: Jeffrey M. Haber Document discovery is an integral part of any litigation. Documents form the foundation of discovery plans and strategies, and, more significantly, proof at trial. Consequently, litigants …

Posted on: Nov 15 2023
By: admin

Veil Piercing Rejected By Second Department in Judgment Enforcement Action

By: Jeffrey M. Haber It is well-settled that a corporation (or limited liability company) acts through its officers, directors and owners. As a result, these individuals are normally not liable …

Posted on: Nov 13 2023
By: admin

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