BE CAREFUL WHAT YOU STIP FOR
- Jul 16 2021
Summary judgment is a procedural device permitting a litigant to seek judgment without a trial in circumstances where all issues in a case can be decided by a judge as …
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Enforcement News: SEC Agrees to Settle Charges with Investment Adviser for Failing to Disclose Conflicts of Interest With regard to Retirement Rollover Recommendations
- Jul 14 2021
An investment adviser is a fiduciary, and as such is held to the highest standard of conduct and must act in the best interest of its client. SEC v. Capital …
Duplication or No Duplication? That is the Question Decided by The Second Department
- Jul 12 2021
A recurring theme in the jurisprudence concerning claims of fraud and breach of contract is duplication – that is, whether the fraud claim duplicates the breach of contract claim. It …
FIRST DEPARTMENT HOLDS THAT COUNSEL’S NAME ON AN EMAIL’S “PREPOPULATED” ADDRESS BLOCK EQUATES TO A “JOHN HANCOCK” AND SIMPLY SENDING AN EMAIL CAN OPERATE TO CREATE A BINDING SETTLEMENT AGREEMENT
- Jul 9 2021
Editor’s Note: This article has been edited to make corrections. Courts are frequently faced with the need to adapt to changing technology. This Blog [here] previously addressed the case of …
Extensions of Time to Serve Process Under CPLR 306-b Revisited
- Jul 2 2021
Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE] and [HERE]. The background discussion in today’s Blog …
Enforcement News: In A First of Its Kind, The SEC Charges a Provider that Facilitates Electronic Trading for Operating as an Unregistered Broker-Dealer
- Jun 30 2021
The Securities Exchange Act of 1934 (“Exchange Act”) governs the way in which the nation’s securities markets and its brokers and dealers operate. Under the Exchange Act, most “brokers” and …
Forget Pfizer!!! Obliterate COVID-19 With a Dose of the Mootness Doctrine
- Jun 25 2021
“It is a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of …
A Contract That Means What It Says
- Jun 23 2021
In New York, contracts are to be construed in accordance with the parties’ intent. See, e.g., Slatt v. Slatt, 64 N.Y.2d 966 (1985). “The best evidence of what parties to …
Enforcement News: Spotlight on “Cherry-Picking”
- Jun 21 2021
Cherry picking is the process of selecting securities to invest in by mimicking the trading of other investors (both individual and institutions) who are successful over a long period of …
First Department Awards Landlord Summary Judgment Based on Clear and Unambiguous Lease Provisions Regarding Common Area Restrooms and Hallway Construction
- Jun 18 2021
Care should be taken when drafting contracts so that the intention of the parties is set forth in a clear and unambiguous way. When contracts are clearly drafted, all parties …
