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 …
This BLOG has written extensively on issues related to residential mortgage foreclosure including, but not limited to: the notice requirements of RPAPL 1304 [HERE], [HERE], [HERE], [HERE], [HERE], [HERE] and …
In P & HR Solutions, LLC v. Ram Capital Funding, LLC, 2021 N.Y. Slip Op. 03554 (1st Dept. June 8, 2021) (here), the Appellate Division, First Department was faced with …
On June 3, 2021, the New York Court of Appeals, the State’s highest court, handed down Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., Inc., 2021 …
It is an understatement to say that the impact of the COVID-19 pandemic on all aspects of life was far reaching. This Blog has written numerous articles specifically addressing the …
Conversion is a tort that “takes place when someone, intentionally and without authority, assumes or exercises control over personal property belonging to someone else, interfering with that person’s right of …
In today’s Fraud Notes, we examine Bullen v. CohnReznick, LLP (1st Dept. May 27, 2021) (here), and Sabourin v. Chodos, (1st Dept. May 27, 2021) (here), both decided by the …
Sometimes a fraud is so undetectable that even an expert hired to assist in due diligence activities can be the victim of fraud. That’s what happened in VXI Lux Holdco, …
