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Although, as the title of this article suggests, some things should be fairly obvious, when enough money is at stake, people will still try to throw stuff at the wall to see if any of it will stick.
In a case that they brought in Federal Court in Upstate New York, Opto Generic Devices Inc. (“OGD”) [...]
It is truly a shame when the mistakes we make on the basis of trust come back to haunt us in such a personal and economical way.
But assuming the truth of the allegations in his complaint, that’s exactly what happened to Richard Snyder, who claims that he and the defendant (who was an acquaintance) had [...]
In light of my previous columns (see, e.g., Piercing the Corporate Veil – Critical Facts That You Will Need to Prove Your Case and, from earlier today, No Personal Liability For Corporate Fraud, Court Holds) setting forth some of the difficulties in piercing the corporate veil, here’s a “hot-off-the-presses” decision from a Federal judge in [...]
In a rare opinion that was handed down last week (and reported in today’s New York Law Journal), a New York Federal Court took the time to provide some detail into what actions constitute a violation of the Federal Computer Fraud and Abuse Act (“CFAA”). The statute, which carries both civil and criminal penalties, provides [...]
In an article that was published in yesterday’s New York Times, Harvard Professor Bill George suggests that by painting bankers as greedy and without regard for their fiduciary duties with a broad brush, “The danger is that we will punish healthy banks for the sins of failed banks,” when “Most bankers have behaved responsibly throughout [...]
Sometimes you feel quasi-prophetic.
As predicted in my July 23 blog post entitled “Why Many (If Not Most) Business Fraud Claims Are Dismissed,” in a ruling handed down earlier today New York’s Appellate Division, First Department unanimously reversed the trial court’s ruling, and dismissed in its entirety Dan Rather’s lawsuit against his former employer, CBS, and [...]
Just because you buck the trend and challenge the establishment doesn’t mean you’re wrong.
Earlier today, New York Federal Judge Jed Rakoff issued a lengthy decision detailing why, despite the traditional deference granted to parties in determining the terms of their own settlements, he would not sign off on the S.E.C.’s willingness to accept a $33 [...]
In a decision that was just handed down on September 1, New York’s Appellate Division, First Department (which oversees all cases in Manhattan and Bronx County) reversed a lower court’s dismissal of a breach of contract and negligence lawsuit brought by an insured against its broker.
In this case, the plaintiff claimed that the broker should [...]
In a decision that was published in this morning’s New York Law Journal, Justice Pines of Suffolk County denied the defendants-employees’ motion to dismiss their former employer’s claims seeking damages resulting from these employees’ solicitation of the company’s clients (or in legal terms, breach of contract, breach of fiduciary duty, and tortious interference) while [...]
In my experience, there are few legal phrases that are more misunderstood or misapplied than “fiduciary duty.” Within the confines of this limited post, I hope to clarify this concept.
Before we can approach a fiduciary’s obligations, we must define what a fiduciary is – and what it is not. A fiduciary relationship is characterized as [...]
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