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 …
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 …
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 …
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 …
“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 …
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 …
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 …
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 …
On June 14, 2021, this Blog wrote about FINRA’s fight against the financial exploitation of seniors and vulnerable adults (here), in particular, the effort to amend FINRA’s Rule 2165 (“Financial …
As we have noted previously, the financial exploitation of seniors is a significant problem (e.g., here, here, here, here, and here). For many regulators, it is a top priority. [Ed. Note: Last year, we spoke …
