Enforcement News: Spotlight on “Cherry-Picking”
- Jun 21 2021
Cherry picking is the process of selecting securities to invest in by mimicking the trading of other investors (both individual and institutions) who are successful over a long period of …
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First Department Awards Landlord Summary Judgment Based on Clear and Unambiguous Lease Provisions Regarding Common Area Restrooms and Hallway Construction
- Jun 18 2021
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 …
Regulators Offer Training to Securities Firms in the Fight to Detect, Prevent and Report of Financial Exploitation of Seniors and Vulnerable Adults
- Jun 16 2021
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 …
FINRA Seeks SEC Approval of Amendments to Rule 2165 in the Fight Against the Exploitation of Seniors and Vulnerable Investors
- Jun 14 2021
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 …
Mortgage Foreclosure Complaint Dismissed, and Mortgage Discharged, As Time-Barred
- Jun 11 2021
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 …
Q: What Do Get When You Add a Failure to Plead Justifiable Reliance, Loss Causation and a Duty Independent of a Contract? A: Dismissal of a Fraud Claim
- Jun 9 2021
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 …
New York Court of Appeals Makes Clear That Consumer-Oriented Conduct Under GBL 349 Focuses on The Deceptive Act or Practice, Not on Use of the Product and Confirms That Specific Disclaimers Can Bar a Claim Under the Statute
- Jun 6 2021
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 …
SECOND DEPARTMENT HOLDS THAT GOVERNOR CUOMO’S COVID-19 EXECUTIVE ORDERS CONSTITUTE A TOLL, AND NOT A SUSPENSION, OF FILING DEADLINES
- Jun 4 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 OF FUNDS AND IOLA ACCOUNTS
- Jun 2 2021
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 …
Fraud Notes: Accounting Fraud, Scienter, Justifiable Reliance and the Statute of Limitations – A Potpourri of Fraud Allegations
- May 27 2021
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 …
