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First Department Concludes the Automatic Stay of Discovery Under the PSLRA Does Not Apply During the Pendency of an Appeal
By: Jeffrey M. Haber Under the Private Securities Litigation Reform Act of 1995 (“PSLRA), a mandatory stay of discovery is imposed “[i]n any private action arising under” the Securities Act …
- Posted on: Nov 8 2023
The Third Department Adopts The Second Department’s Holding In Yapkowitz, Which Requires That RPAPL 1304 Notices Be Separately Sent In Separate Envelopes To Each Borrower
By Jonathan H. Freiberger This Blog has written numerous articles about RPAPL 1304. See, e.g., [here], [here], [here], [here], [here] and [here] and the Blog articles linked to therein. By …
- Posted on: Nov 6 2023
Freiberger Haber’s Co-Founding Partners Once Again Recognized By Super Lawyers Magazine®
Melville, NY November 3, 2023 – Freiberger Haber LLP is pleased to announce that co-founding partners, Jonathan H. Freiberger and Jeffrey M. Haber, have been named by Super Lawyers Magazine® …
- Posted on: Nov 3 2023
Court Rejects Fraudulent Inducement Claim Arising From Alleged Undisclosed Leaks in Real Property
By: Jeffrey M. Haber On October 31, 2023, the Appellate Division, First Department, unanimously affirmed the dismissal of a fraudulent inducement claim alleged in connection with the purchase of real …
- Posted on: Nov 1 2023
Emails Following Mediation Sufficient to Confirm Settlement of Third-Party Contractual Indemnification Claim
By: Jeffrey M. Haber In New York, as in other jurisdictions, settlement agreements “are judicially favored, will not lightly be set aside,” and will be enforced “with rigor and without …
- Posted on: Oct 30 2023
CPLR 321(c) and the Death, Removal or Disability of Counsel
By Jonathan H. Freiberger Once an attorney appears in an action on behalf of a client and becomes the attorney of record, the client is free to change counsel by …
- Posted on: Oct 27 2023
The Direct Benefits Theory of Estoppel
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: Oct 25 2023
Fraudulent Inducement, Merger Clauses and Duplication
By: Jeffrey M. Haber A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) …
- Posted on: Oct 23 2023
Did You Unintentionally Enter Into A Settlement Agreement By Email?
By Jonathan H. Freiberger This Blog has previously addressed the question of whether a binding settlement can be reached through a series of emails as opposed to a fully integrated …
- Posted on: Oct 20 2023
Enforcement News: SEC Obtains Emergency Relief To Halt An Affinity Fraud That Raised Nearly $130 Million
By: Jeffrey M. Haber Affinity fraud is a type of investment fraud. In this form of fraud, the person committing the fraud preys upon members of an identifiable group, such …
- Posted on: Oct 18 2023
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