Dismissal of Securities Fraud Claim in Federal Court Has No Preclusive Effect on Common Law Fraud Claims Brought in State Court Securities fraud and common law fraud have much in …
[Editor’s Note: This article has been edited.] As discussed in previous Blog posts (here and here), business owners and entrepreneurs wishing to insulate themselves from personal liability for the acts …
Practitioners and their clients involved in bond offerings or other credit instruments are no strangers to trust indentures. These agreements typically contain a no-action clause, the primary purpose of which …
It is a good idea for homeowners to make sure that hired home improvement contractors are licensed. Licensure, however, is just as important from the perspective of the home improvement …
In the prior Blog article GET RID OF A STALE MORTGAGE BY BRINGING AN ACTION UNDER RPAPL 1501(4), we discussed provisions of New York’s Real Property Actions and Proceedings Law …
In March, this Blog wrote (here) about Hyuncheol Hwang v. Mirae Asset Sec. (USA) Inc., 2018 N.Y. Slip Op. 30368(U) (here). Hwang involved an employment dispute in which Hyuncheol Hwang …
Sir Walter Scott’s[1] original line is infinitely better (“O, what a tangled web we weave when first we practise to deceive!”) than this Blog title, which, nonetheless helps to illustrate …
The distinction between common-law indemnification and contribution is important, though its application is often difficult to navigate. Glaser v. Fortunoff, 71 N.Y.2d 643, 646 (1988) (noting, “the distinction [between the …
Courts do not hesitate to dismiss fraud claims when they are merely contract claims “dressed in the garb of a fraud count.” Songbird Jet Ltd., Inc. v. Amax Inc., 581 …
Typically, a mortgage on real property is delivered to stand as security for the repayment of an obligation evidenced by a promissory note. A mortgage is an encumbrance on real …
