New York Court Addresses Impact of Allowing Insured to Default by Traub Lieberman Straus & Shrewsberry LLP on 1/13/2012 The recent decision by New York’s Appellate Division, First Department, in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2012 N.Y. App. Div. LEXIS 16 (Jan. 3, 2012) illustrates the dangers under New...more
Terrorist Hunt by Mario Quintela on 10/21/2011 The new regulatory law which tries to prevent criminal business and behaviour by the way of washing black money....more
Common mistakes in LLP agreements by Chris Robinson on 10/18/2011 LLPs have now been around for a while and some common and serious errors are emerging in the way LLP agrements are written - even by commercial publishers. Does yours need reviewing?...more
VARIOUS LIABILITIES, RELIEFS, DEFENCES AND PROTECTIONS TO THE DIRECTORS OF COMPANIES UNDER INDIAN LAWS by Devesh Pandey on 6/13/2011 A company is legally separate and distinct from its members. It is ultimately an artificial creation and it acts through its servants or agents. The decisions of a majority of its members in general meetings are regarded as...more
Can I keep an inherited IRA when I file for bankruptcy? by George Bourguignon on 5/21/2011 An inherited IRA has been treated differently by bankruptcy courts than IRA's held by the original owner. If you have inherited an IRA and wonder if you can keep it if you file for bankruptcy, or if you have any retirement...more
Defendant Stockbroker’s Summary Judgment Motion Granted Against Unfair Competition Claim Focusing on Securities Transactions by Sedgwick LLP on 3/4/2011 An unfair competition claim brought against a stockbroker under California Business & Professions Code section 17200 must be dismissed on summary judgment because it is based on securities transactions. This was the February...more
Why Should I make A Voluntary Disclosure, My Money is Not in a Swiss Bank by Sanford Millar on 2/21/2011 I was asked recently, “why should I make a Voluntary Disclosure when my offshore money is not in a Swiss Bank?” This is a very important question. First, no lawyer admitted in California is going to advise a client to...more
Physicians as Investment Fraud Targets by IKE DEVJI on 2/15/2011 In uncertain times people derive a false sense of comfort doing in business with a personal or social contact or a member of their own religious or ethnic community. That comfort level is unfortunately replacing required...more
Online Broker Not Liable for Preventing Investor from Losing Money by Sedgwick LLP on 1/6/2011 On January 4, 2011 the U.S. District Court for the Eastern District of California issued unpublished opinion dismissing claims by an investor against online broker TD Ameritrade. In Holland v. TD Ameritrade, Inc., 2011 U.S....more
For There To Be An Agency Relationship, Principal Must Have Authorized Agent to Represent or Bind It by Sedgwick LLP on 12/3/2010 Agency relationships among defendants tend to be liberally alleged in professional liability cases. However, conclusory allegations of agency may not survive close scrutiny by the court. For example, in Hawkins v. First...more
NYS Court's New Rule on Foreclosure Attorney Affirmations by Lawrence McElroen on 10/25/2010 This newsletter contains a link to the new NYS court rule pretaining to attorney affirmations in foreclosure actions....more
Selecting the Right Independent Accounting Expert by Barry Epstein on 4/6/2010 Professional accounting designations (CPA, CIA, and CFE) each denote a distinct skill and experience set, and many professionals possess more than one of these qualifications. Selection of the best qualified individuals to...more
Beware of Regulatory Crackdown on Unregistered Brokers by TroyGould PC on 3/1/2010 There is a growing regulatory crackdown on unregistered persons assisting businesses in raising capital. Finders and the businesses they assist must be extremely cautious about the myths that have developed from the...more
How Offshore Trust Accounts Work by IKE DEVJI on 1/21/2010 A simple graphic illustration showing how money moves in a legal and tax compliant way in and out of offshore trust accounts. Great for those considering the strategy as part of an Asset Protection system or investment plan....more
Oregon Law Practice Management: To Catch a Thief - How a Partner or Employee Can Steal from Your Firm by Beverly Michaelis on 1/8/2010 This article from Beverly Michaelis of Oregon Law Practice Management offers 30 ways to prevent financial loss to you or your clients. Tips focus on practical methods law firms can use to prevent embezzlement, theft, fraud,...more