By: Jeffrey M. Haber On June 5, 2017, the U.S. Supreme Court held that claims for disgorgement imposed as a sanction for violation of the federal securities laws must be …
By: Jeffrey M. Haber What is Expungement and When is It Granted? Expungement is the process by which a brokerage firm or registered representative seeks to remove an adverse disclosure …
By: Jeffrey M. Haber In past articles, we have discussed the necessity of pleading the “who”, “what”, “when” and “how” of an alleged fraud. See, e.g., here. In many respects, …
By Jonathan H. Freiberger In this Blog’s article entitled: “Revive a Time-Barred Claim Using § 17-101 of New York’s General Obligations Law,” we discussed the general purpose of statutes of …
By: Jeffrey M. Haber Earlier this month, we wrote about how courts enforce contracts that are clear and unambiguous. The title of the article, “Contracts That Say What They Mean, …
By: Jeffrey M. Haber 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 …
By Jonathan H. Freiberger This Blog frequently writes about decisions related to residential mortgage foreclosure actions. [Here and the articles hyperlinked therein.] One frequent topic that is always ripe for …
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. …
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 …
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. …
