This Blog has previously written about the benefits of forming a limited liability corporation (“LLC”) and the perils of ignoring the corporate formalities that are attendant thereto. (Here.) In today’s …
Since his retirement, former Mets and Phillies outfielder, Lenny Dykstra (“Dykstra”), has been involved in many civil and criminal proceedings. Recently, for example, Dykstra was sued by Noah Scheinmann (“Scheinmann”), …
Attorneys are often asked whether an oral agreement is enforceable. Most will say that the answer depends on the law and the facts surrounding the agreement. As an initial matter, …
On May 10, 2017, the Securities and Exchange Commission (“SEC”) announced the settlement of an enforcement action against Barclays Capital, Inc. (“Barclays”), the London-based bank, to refund advisory fees and/or …
The Justice Department has joined a whistleblower lawsuit against United Healthcare Group, Inc. (“UHG” or “United”) in connection with payments made to the company for its Medicare Advantage Plan. (Here.) …
On April 26, 2017, the House Financial Services Committee (the “Committee”) held a hearing, entitled “A Legislative Proposal to Create Hope and Opportunity for Investors, Consumers, and Entrepreneurs.” (Here.) The …
A FINRA arbitration panel recently awarded an investor over $1 million in compensatory and punitive damages related to claims that a Wilbank Securities Inc. broker misled her about the performance …
One remedy the Securities and Exchange Commission (“SEC” or “Commission”) has long relied upon in cases involving broker misconduct is disgorgement. In a nutshell, disgorgement is a remedy that requires …
After the 2016 presidential election, President Trump promised to dismantle the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”), and the regulations promulgated thereunder. (Here.) The …
The False Claims Act (“FCA” or the “Act”) prohibits businesses and individuals from defrauding the government by knowingly presenting, or causing to be presented, a false claim for payment or …
