Jurisdiction of the New York State Supreme Court Commercial Division

Commercial Litigation

The New York Commercial Division is part of the New York State Supreme Court and was created to handle complicated commercial cases in their respective jurisdictions. There are specific rules that apply for a case to be handled by the Commercial Division. These rules are as follows. Monetary Thresholds Each of the ten jurisdictions of […]

What Investors Need to Know About SEC Receivers

receivership

Similar to a bankruptcy case, a SEC receiver involves an insolvency proceeding. However, unlike a bankruptcy case, a receivership claim is not a straightforward process since it may involve numerous parties or intricate interests based on multiple actions about the company’s assets. SEC Receivers are common in cases involving ponzi schemes.  Given the complexities surrounding […]

Choice of Law Provisions: No Escaping the Plain Meaning of the Contract

Lady Justice

Choice of Law, otherwise known as the “governing law” clause in a contract, allows the parties to negotiate and agree on which particular state’s law would be adapted to interpret the Agreement and any issue arising from that contract.  However, there are certain situations where one or both parties disagree with the application of the […]

Board Members Have a Fiduciary Duty to Avoid Conflicts of Interests

Corporate Board Member’s Duties and Obligations

Corporate Board Member’s Duties and Obligations Fiduciary duty is the backbone in determining how a board member, officer, and director are expected and obligated to act. This theory arises from their relationship with the corporation and other shareholders, and the degree of expectations may vary depending on their particular role within the organization. Generally, the […]

Legal Damages Available to Victims of Elder Abuse

Elder Financial Abuse Attorney

As the population over the age of 65 continues to grow, the pain and emotional suffering caused by elder abuse has increased. This type of crime is rarely discussed or prosecuted. In 2016, the New York State Cost of Financial Exploitation Study determined that vulnerable elderly New Yorkers experienced an estimated $1.5 billion a year […]