Settlement By Email – Timing is Everything
- Nov 10 2021
By: Jeffrey M. Haber In today’s article, we consider a case in which, as the title indicates, timing is everything. Before we discuss the case, let’s consider the following scenario. …
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Court Rejects Application of Res Judicata and Collateral Estoppel To Retaliation Claim Purportedly Decided By State and Federal Courts
- Nov 8 2021
By: Jeffrey M. Haber The doctrines of res judicata and collateral estoppel embody related but distinct concepts. They both stand for the general proposition that a party to a litigation …
Referees to Compute in Mortgage Foreclosure Actions
- Nov 5 2021
By Jonathan H. Freiberger When a borrower borrows money from a lender the repayment obligation is evidenced by a promissory note signed by the borrower and delivered to the lender. …
Enforcement News: SEC Charges California Company and its Principals With Operating a Ponzi-Like Scheme
- Nov 3 2021
By: Jeffrey M. Haber This Blog has written numerous articles about Ponzi schemes and the enforcement proceedings that resulted from them. See, e.g., here, here, here, here, and here. In a Ponzi scheme, the operator creates an investment program …
Contracts that Say What They Mean, Mean What They Say
- Nov 1 2021
By: Jeffrey M. Haber In New York, contracts are to be construed in accordance with the parties’ intent.1 “The best evidence of what parties to a written agreement intend is …
First Department Holds Buyer is not Entitled to the Return of her Down Payment on Real Estate Contract Because the Written Agreements Establish a Defense “Founded Upon Documentary Evidence” Pursuant to CPLR 3211(a)(1)
- Oct 29 2021
By Jonathan H. Freiberger Defaults by a party to a real estate contract, whether a purchaser or a seller, are a fruitful source of litigation. Among other remedies available to …
Enforcement News: Twitter and The Pump and Dump Scheme
- Oct 27 2021
By: Jeffrey M. Haber People use social media, and the Internet in general, for all sorts of reasons. Investors are no different. Investors use social media to research stocks, look up …
Confessions of Judgment By Out-Of-State Residents, Summary Judgment In Lieu of Complaint and Forum Selection Clauses: A Little of This and A Little of That
- Oct 25 2021
By: Jeffrey M. Haber A forum selection clause is a contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually …
Follow-up: Freedom Mortgage Corp. v. Engel
- Oct 22 2021
By Jonathan H. Freiberger In its February 20, 2021, article entitled: “The New York Court of Appeals Decides Four Cases, In One Opinion, Addressing and Clarifying Issues Related to the …
Enforcement News: The SEC Giveth and The SEC Taketh Away
- Oct 20 2021
By: Jeffrey M. Haber The SEC Giveth In our last article (posted on September 17, 2021 (here)) discussing the SEC’s whistleblower program, we noted that the Commission has paid more than …
