Choice of Law: Always a Thorny Issue
- Jun 15 2020
What law should apply? In most cases, answering the question is more art than science. In contract cases, especially in complex commercial matters, the agreement at issue often (though not …
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SEC Puts the Brakes on COVID-19-Related Pump-and-Dump Scheme
- Jun 11 2020
In prior posts, we examined Securities and Exchange Commission (“SEC” or “Commission”) enforcement actions brought against those who seek to personally benefit from the COVID-19 health crisis affecting the …
After Leave to Replead, Plaintiffs Plead Fraud With Particularity Sufficient to Withstand A Motion to Dismiss
- Jun 10 2020
Pleading fraud with particularity is not easy. Sometimes the information needed to satisfy the requirement is peculiarly within the knowledge of the defendant. Other times, the information needed is found in lawsuits, …
Plaintiff’s Reliance on Third Party Insufficient to Establish Reliance Element of a Fraud Claim
- Jun 8 2020
As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or misleading statement directly to …
Update: First Department Affirms Summary Judgment Dismissal of Misappropriation of Intellectual Property Claims
- Jun 5 2020
On December 31, 2018, this Blog posted an article, titled “Court Dismisses Complaint Charging Misappropriation of Intellectual Property on Summary Judgment.” (Here.) The case that we examined in that article, …
Plaintiff Fails to Provide Evidence of Fraudulent Intent in Bid to Obtain Prejudgment Order of Attachment
- Jun 3 2020
It has been a long time since this Blog examined a request for a pre-judgment order of attachment. (See here.) Today, we take another look at this provisional remedy. [Ed. …
PERSONAL GUARANTEES ARE CONTRACTS TO BE INTERPRETED PURSUANT TO THEIR PLAIN MEANING
- Jun 1 2020
It is an accepted principal of contract interpretation that “when parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms.” Vermont …
Failure to Plead Loss Causation Spells Dismissal of Fraud, Negligent Misrepresentation and GBL 349(h) Claims
- May 28 2020
In prior posts (e.g., here and here), we have discussed the importance of pleading loss causation in fraud and fraud-related actions. Where causation is an issue, the cases show that …
COVID-19, The “New Normal” and the New York Court System
- May 27 2020
Last week, the New York State court system, which is following Governor Cuomo’s plan to reopen the economy on a regional, phased-in basis, resumed in-person court operations in 40 counties …
Enforcement News: SEC Seeks Emergency Relief Against Investment Adviser Targeting Senior Investors “in a Classic Ponzi Scheme”
- May 25 2020
Elder financial exploitation is a significant problem. Everyone reading this article may be affected in some way. Family, friends, neighbors, colleagues, and/or customers can fall victim to financial exploitation. All …
