Enforceability of Notes, Emails and Oral Agreements
- Oct 14 2020
Attorneys are often asked whether an agreement that is not formally reduced to writing or not in writing at all is enforceable. Most will say that the answer depends on …
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FINRA Proposes Amendments to Rule 2165 to Further Combat Suspected Financial Exploitation of Seniors and Vulnerable Adults
- Oct 12 2020
As we have noted, 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. [Recently, we …
RELYING ON RESPONDEAT SUPERIOR THEORY, FOURTH DEPARTMENT HOLDS COMPLAINT STATES A CAUSE OF ACTION FOR DEFAMATION AGAINST EMPLOYER BASED ON EMPLOYEE’S FACEBOOK POSTS
- Oct 9 2020
“Pursuant to the doctrine of respondeat superior, an employer can be held vicariously liable for torts committed by an employee acting within the scope of employment.” Horvath v. L&B Gardens, …
Equitable Claim Found To Be Arbitrable Under Agreement To Arbitrate
- Oct 7 2020
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
Summary Judgment Affidavits Versus A Verified Pleading: Court Finds Triable Issues of Fact
- Oct 5 2020
Under New York law, a party commences a civil action by filing a summons and complaint. Generally speaking, these documents set forth the claims that are being asserted against the …
Enforcement News: SEC Whistleblower Program Makes Four Awards To End Record-Setting Fiscal Year
- Oct 2 2020
Whistleblowers often risk career and reputation to report fraud or other illegal conduct. In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) to, …
Court Addresses Various Claims By Minority Shareholder Allegedly Oppressed By The Actions of The Majority
- Sep 30 2020
In looking at the causes of action asserted in Kocak v. Dargin, 2020 N.Y. Slip Op. 33121(U) (Sup. Ct., N.Y. County Sept. 23, 2020) (here), one could walk away with …
Court Rejects COVID-19 as Defense, Saying the “Pandemic is Not a Catch-All Defense to Disputes that Began Last Year”
- Sep 28 2020
“A promissory note is a financial instrument that contains a written promise by one party (the note’s issuer or maker) to pay another party (the note’s payee) a definite sum …
Third Department Gives No Break to Pro Se Litigant Attempting to Vacate a Default Judgment
- Sep 25 2020
After being served with a summons and complaint in a lawsuit, a defendant generally appears and serves an answer or makes a motion seeking to dismiss some or all of …
Service on an Unregistered Foreign Corporation
- Sep 23 2020
A threshold question for litigants is whether the court can exercise personal jurisdiction over the defendant. After all, a court cannot issue a valid and binding judgment without possessing such …
