Enforcement News: Misappropriation of Client Funds and Stock Manipulation
- Dec 6 2023
By: Jeffrey M. Haber It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. …
Category: Misappropriation
“Wayward and Unruly Agent” Found To Forfeit All Compensation Under The Faithless Servant Doctrine
- Jan 25 2023
By: Jeffrey M. Haber The faithless servant doctrine1 provides that an employee who is faithless in the performance of their duties (i.e., breaches their duty of loyalty to the employer) …
Enforcement News: “Scalping”, Misappropriation and A Whole Lot More
- Jul 21 2021
In today’s installment of Enforcement News, we examine an enforcement action brought by the Securities and Exchange Commission (“SEC” or the “Commission”) in the Southern District of New York against …
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 …
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, …
Spurned Law Firm States a Claim for Breach of Fiduciary Duty Against Departing Partners Says the Fourth Department
- Feb 4 2019
Readers of this Blog know that we have addressed fiduciary duty claims in the past (here), most often in the context of a claim against a financial advisor, a corporate …
The New York Court Of Appeals, Answering A Certified Question From The United States Court Of Appeals For The Second Circuit, Rules On The Appropriate Measure Of Damages In New York Trade Secret, Unfair Competition And Unjust Enrichment Cases
- May 4 2018
E.J.Brooks Company d/b/a TydenBrooks (“TydenBrooks” or “Plaintiff”) manufactures plastic security seals (“Seals”). When TydenBrooks acquired Stoffel Seals Corp. (“Stoffel”) it came to own Stoffel’s fully automated, and confidential, process for …
Failure To Allege Theft Of Trade Secrets By Wrongful Means Dooms Claim For Relief
- Apr 18 2018
Recently, this Blog wrote about the law governing the theft or misappropriation of trade secrets. (Here.) As noted in that post, with the exception of New York and Massachusetts, the …
Understanding the Uniform Trade Secrets Act
- Apr 4 2018
What is a Trade Secret? At its core, a trade secret is information of commercial value. It can be anything, such as a formula, strategy, device, process, or recipe. It …
