By Jonathan H. Freiberger A commercial lease can be a valuable asset for a business. Accordingly, a tenant must be mindful of its rights in the face of a default/cure …
By: Jeffrey M. Haber Previously, this Blog has examined the doctrine of res judicata (here and here). Under the doctrine, a party may not litigate a claim where a judgment on the …
By: Jeffrey M. Haber We have often written about the SEC’s whistleblower program and, in particular, the success of the program with respect to detecting and preventing violations of the …
By Jonathan H. Freiberger This Blog frequently addresses issues related to mortgage foreclosure actions, generally, and issues of standing, specifically. Much of the background of this article was taken from …
By Jeffrey M. Haber Under New York law, a party’s termination of a contract is ineffective when the contract provides for notice and an opportunity to cure, and notice was …
By: Jeffrey M. Haber Parties to commercial transactions are no doubt familiar with “term sheets”, “letters of intent”, “memoranda of understanding” and “agreements in principle”. As the parties to these …
By Jonathan H. Freiberger Regular readers of this Blog know that we spend a good deal of time writing about mortgage foreclosure. The anticipated conclusion of a mortgage foreclosure action …
By: Jeffrey M. Haber The faithless servant doctrine1 provides that an employee who is faithless in the performance of their duties (i.e., breaches their duty of loyalty to the employer) …
By: Jeffrey M. Haber Typically, when a plaintiff claims to have been defrauded, he/she typically argues that the defendant made an affirmative misrepresentation of fact. Fraud does not, however, always …
By: Jeffrey M. Haber In prior articles we have examined Ponzi Schemes and affinity fraud. E.g., here. We do so again today. Affinity fraud occurs when the promoter of the fraud …
