Partners in Name Only?
- May 10 2021
Business relationships come in all forms. People can be shareholders of a corporation, joint venturers and partners. Sometimes, as in Capizzi v. Brown Chiari LLP, 2021 N.Y. Slip Op. 02956 …
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PRESIDING JUSTICES OF NEW YORK’S FOUR JUDICIAL DEPARTMENTS ISSUE JOINT ORDER AMENDING DISCIPLINARY AND RELATED RULES TO ADDRESS OVERDRAFT ISSUES IN ESCROW ACCOUNTS
- May 7 2021
Many disciplinary proceedings involving lawyers relate to the mishandling of escrow funds and/or escrow accounts. Unfortunately, many disciplinary proceedings relating to escrow accounts result from intentional conduct on the lawyer’s …
Duplication: If It Looks Like A Duck, Swims Like A Duck, and Quacks Like A Duck…
- May 5 2021
“If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.” This saying best describes the duplication of claims doctrine …
Enforcement News: SEC Obtains Emergency Relief to Stop Alleged Ponzi Scheme and Misappropriation of Investor Funds
- May 3 2021
Less than three weeks ago, this Blog wrote about an enforcement action brought by the Securities and Exchange Commission (“SEC” or the “Commission) against Zachary Horwitz, a.k.a. Zach Avery, a …
Follow Up – New York State Legislature is One Step Closer to Repealing Judiciary Law 470, Which Requires New York Lawyers That Live Out of State to Maintain a Physical Office in New York State
- Apr 30 2021
Judiciary Law 470, which, in its present form, was passed in 1909, but has its origins to the time when President Lincoln was in office, provides: A person, regularly admitted …
COVID-19 and The Doctrines of Frustration and Impossibility of Contract Performance
- Apr 28 2021
Under New York law, a party’s performance may be excused, even if the contract contains no express provision for the event that made performance impossible. See, e.g., City of New …
Enforcement News: Former Race Team Owner and Investment Adviser Charged With Multimillion Dollar Fraud
- Apr 26 2021
In today’s installment of Enforcement News, this Blog examines, among other things, the fiduciary duties of investment advisers, in particular, the duty of loyalty. An investment adviser is a fiduciary, …
The First Department Grants Summary Judgment on Defendant’s Champerty defense and Dismisses Plaintiff’s Complaint
- Apr 23 2021
Most simply stated, champerty is the prohibited practice of purchasing claims for the purpose of commencing litigation and has been described as “a venerable doctrine developed hundreds of years ago …
First Department Finds Fraud Claim Duplicative of Contract Claim Even Though Plaintiff Stated A Duty Independent of The Contract
- Apr 21 2021
A “recurring question” New York courts grapple with is whether the facts alleged in a complaint give rise to claims for both breach of contract and fraudulent inducement. Cronos Grp. …
Broad Release Reaching “Any and All Claims,” Whether “Known or Unknown” Sufficient to Bar Claims For The Recovery of Money
- Apr 19 2021
When a person releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the subject of the release. …
