Readers of this Blog know that to state a cause of action for fraudulent inducement, the complaint must allege “that the defendant intentionally made a material misrepresentation of fact in …
This Blog frequently highlights cases analyzing the viability of fraud claims when contract claims are also made. See, e.g., [here], [here], [here], [here], [here], [here]. In Michael Davis Construction, Inc. …
Pursuant to CPLR § 3211(a)(5), “a party may move for judgment dismissing one or more causes of action asserted against him on the ground that the cause of action may …
Business relationships come in all forms. People can be shareholders of a corporation, joint venturers and partners. Sometimes, as in Capizzi v. Brown Chiari LLP, 2021 N.Y. Slip Op. 02956 …
Many disciplinary proceedings involving lawyers relate to the mishandling of escrow funds and/or escrow accounts. Unfortunately, many disciplinary proceedings relating to escrow accounts result from intentional conduct on the lawyer’s …
“If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.” This saying best describes the duplication of claims doctrine …
Less than three weeks ago, this Blog wrote about an enforcement action brought by the Securities and Exchange Commission (“SEC” or the “Commission) against Zachary Horwitz, a.k.a. Zach Avery, a …
Judiciary Law 470, which, in its present form, was passed in 1909, but has its origins to the time when President Lincoln was in office, provides: A person, regularly admitted …
Under New York law, a party’s performance may be excused, even if the contract contains no express provision for the event that made performance impossible. See, e.g., City of New …
In today’s installment of Enforcement News, this Blog examines, among other things, the fiduciary duties of investment advisers, in particular, the duty of loyalty. An investment adviser is a fiduciary, …
