Second Department Rejects Challenge to Confession of Judgment
- Aug 16 2021
By Jeffrey M. Haber A confession of judgment is an agreement whereby a defendant or debtor agrees to the entry of judgment against him/her in an amount certain. It is …
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Freiberger Haber LLP Celebrates Its Four-Year Anniversary
- Aug 13 2021
This month, Freiberger Haber LLP is celebrating its four-year anniversary. To say that we are excited to celebrate this milestone is an understatement. We know the firm could not have …
Enforcement News: SEC Charges International Participants with Perpetrating a Long-Running Global Pump-and-Dump Scheme
- Aug 11 2021
“Pumping a few squirts of vanilla hazelnut syrup into your latte—nothing wrong with that. Pumping up a coffee stock with hype and false statements? That’s illegal, and the Securities and …
Enforcement News: The SEC Whistleblower Program Does Not Take The Summer Off
- Aug 9 2021
Whistleblowers play an important role in detecting and stopping securities laws violations. They do so often by risking their career and reputation. For this reason, whistleblowers may receive a monetary …
“‘John Doe’ and the Statute of Limitations” May be the Worst Name for a Rock Band
- Aug 6 2021
Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as …
SEC Issues Investor Alert To Warn Investors About Fake Brokers And Investment Advisers
- Aug 4 2021
On July 27, 2021, the Securities and Exchange Commission’s (the “SEC” or the “Commission”) Office of Investor Education and Advocacy (“OIEA”) issued an investor alert (here) with the FBI Criminal …
Depositions: Speaking Objections, Instructions Not to Answer and Consultations With Counsel
- Aug 2 2021
Depositions in real life are not the same as those depicted on television and in the movies. In Hollywood, counsel defending a deposition can say just about anything. As litigators …
The Second Department Addresses the Necessary Proof on a Motion for a Default Judgment Pursuant to CPLR 3215(f) in a Mortgage Foreclosure Action
- Jul 30 2021
This Blog has frequently addressed evidentiary issues faced by foreclosing lenders. See, e.g., [here], [here], [here], [here],[here]. On July 21, 2021, the Appellate Division, Second Department, decided Deutsche Bank National …
Court Sustains Claim That Defendants Breached the Terms of A Broad Release
- Jul 28 2021
When a person releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the subject of the release. …
Subject-Matter Waiver of the Attorney-Client Privilege
- Jul 26 2021
“The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose of obtaining or facilitating legal advice in the course …
