The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
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Enforcement News: SEC Files Suit in Connection with $45 Million “Too Good To Be True” Scheme to Defraud
- Jan 9 2023
By: Jeffrey M. Haber In promoting a scam, fraud operators expect investors will jump at the opportunity to obtain a life-changing financial reward from their investment, especially if the investment …
Defendants’ In-Person Activities in New York Sufficient to Support the Exercise of Specific Personal Jurisdiction
- Jan 6 2023
By: Jeffrey M. Haber Obtaining jurisdiction over a person or corporation that is domiciled outside of the state can be difficult. A plaintiff must plead and prove that the person or …
Enforcement News: SEC Charges Financial Services Professional and Associate with Perpetrating a Front-Running Scheme
- Dec 28 2022
By: Jeffrey M. Haber “Front-running” involves trading ahead of large, nonpublic orders of market participants to benefit from the market impact of those large orders. Large orders can have an …
The Former DCL Gets Its Day In Court
- Dec 27 2022
By: Jeffrey M. Haber On December 23, 2022, the Appellate Division, Fourth Department issued two decisions involving New York’s former Debtor and Creditor Law (“DCL”): Inner Harbor Phase I L.P. …
Second Department Remands For Hearing on Whether Lender Negotiated in Bad Faith During Mandatory CPLR 3408 Foreclosure Settlement Conference
- Dec 23 2022
By Jonathan H. Freiberger As previously addressed in numerous articles on this Blog, the New York State Legislature has responded to the residential mortgage foreclosure crisis by promulgating a series …
The Duplication Doctrine and Justifiable Reliance
- Dec 21 2022
By: Jeffrey M. Haber In ABN AMRO Capital USA LLC v. AMERRA Capital Mgt., LLC, 2022 N.Y. Slip Op. 07178 (1st Dept. Dec. 20, 2022) (here), the Appellate Division, First …
Justifiable Reliance Negated by the Terms of the Contract Executed by The Allegedly Defrauded Party
- Dec 19 2022
By: Jeffrey M. Haber As readers of this Blog know, we have often written about the justifiable reliance element of a fraud claim. Considered by the courts to be nettlesome,1 …
First: Read CPLR 304; Second: Insert Your Own First Step/Begin Your Journey Quote Here: _____________; and, Third: Read this Article.
- Dec 16 2022
By Jonathan H. Freiberger If you are too busy to play along after reading the title of today’s article, it is my pleasure to help you out. FIRST — CPLR …
Forming a Shell Company to Avoid Paying Rent Sufficient to Pierce the Corporate Veil
- Dec 14 2022
By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by the entity. Often, plaintiffs will …
