If anyone is wondering why seemingly high-cost “loans” by litigation funding companies are not considered usurious, the Appellate Division, First Department, explained why in Cash4Cases, Inc. v. Brunetti (December 6, …
“Law of the case” is a phrase that litigators use all of the time, often without thought or explanation. But what is the law of the case doctrine? And, when …
In litigation, the prevailing party is frequently entitled to the reimbursement of statutory costs. See, e.g., CPLR § 8101. What happens if a defendant is awarded costs, but the plaintiff …
Plaintiffs claiming that they have been the victims of fraud must satisfy heightened pleading standards to enter the courthouse. Under the New York Civil Practice Law and Rules, CPLR 3016(b), …
In March of this year, this Blog wrote about the voluntary payment doctrine (here) and how it is alive and well in New York. On November 15, 2018, the Appellate …
On November 2, 2018, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”), Division of Enforcement (the “Division”), released its annual report for the fiscal year ended September 30, …
In business divorce cases, it is often necessary for the parties’ experts to prepare valuation reports – that is, reports that value an owner’s interest in a business or venture. …
If there is one thing people like less than attorneys, it is paying attorneys’ fees. Accordingly, great effort is made in contracts to shift to another party, the obligation for …
Dismissal of Securities Fraud Claim in Federal Court Has No Preclusive Effect on Common Law Fraud Claims Brought in State Court Securities fraud and common law fraud have much in …
[Editor’s Note: This article has been edited.] As discussed in previous Blog posts (here and here), business owners and entrepreneurs wishing to insulate themselves from personal liability for the acts …
