In today’s post we examine, SHIR Capital, LLC v. Fortress Credit Advisors LLC, 2020 N.Y. Slip Op. 31825(U) (Sup. Ct., N.Y. County June 11, 2020) (here), a case involving an …
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 …
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 …
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, …
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 …
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, …
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. …
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 …
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 …
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 …
