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November 7, 2022
Plaintiff Did Not Allege Violation Of The Securities Act of 1933
In an Opinion, dated October 24, 2022, in Lorenzo v. Bluecity Holdings Ltd, Index No. 652894/2021, 2022 NYL Slip Op 51055(U), Justice Andrew Borrok dismissed Plaintiff’s amended complaint which asserted causes of action under the Securities Act of 1933 in connection with the Defendant’s IPO. The Court explained: Read More
December 10, 2021
First Department Affirms Denial of Summary Judgment On Breach of Contract and Reformation Claims
On September 30, 2021, the First Department in Empery Asset Master, Ltd. v. AIT Therapeutics, Inc. affirmed an order of Justice Joel M. Cohen, which denied defendant’s motion for summary judgment dismissing the breach of contract and reformation claims in the case. The Court explained >> Read More
May 22, 2021
Questions of Fact Preclude Dismissal of Section 12 Claim on the Ground that Defendants Were Not Statutory Sellers
On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie… Read More
May 5, 2021
Misrepresentations Causing Investor Not to Sell a Security (Holder Claims) Not Actionable Under New York Law
On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc.,… Read More
February 4, 2021
Sections 11 and 12 Claim Accrual Not Based on When Damages from Drop in Stock Price Occurred
On February 2, 2021, the First Department issued a decision in Matter of Dentsply Sirona, Inc., 2021… Read More
June 24, 2020
Securities Act Section 11 and 12 Claims Not Subject to Heightened CPLR 3016 Pleading Standards
On June 2, 2020, Justice Borrok of the New York Commercial Division issued a decision in Matter of N… Read More
June 17, 2020
Defendants Who Are Not Statutory Sellers Not Liable for Section 12 Claims Even Though They Were Primary Beneficiaries of Stock Sale
On April 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
June 4, 2020
Puffery Not Actionable Under Securities Laws
On May 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
April 14, 2020
Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts
Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to … Read More
March 30, 2020
Statute of Repose Bars Securities Act Claims
On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
March 29, 2020
Securities Act Claims Based on Negligence Do Not Have to be Plead in Detail Under CPLR 3106
On March 9, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mat… Read More
March 15, 2020
Securities Act Sections 11 and 12 Claims in State Court Not Required to be Plead with Particularity
On February 26, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 11, 2019
Court Refuses to Stay Securities Class Action in Favor of Later-Filed Federal Class Action
On November 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
August 18, 2019
SLUSA Stay Applies Even in State Court Actions
On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
July 11, 2019
Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division
On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in M… Read More
February 22, 2015
Martin Act Applies to Claims About Trading Venue as Well as Securities Traded in that Venue
On February 13, 2015, Justice Kornreich of the New York County Commercial division issued a decision… Read More
January 2, 2014
Decision Explores the Distinction Between Transaction Causation and Loss Causation
On December 24, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 11, 2013
Court of Appeals Agrees to Hear Certified Questions Regarding "No Action" Clauses
On November 12, 2013, we posted that in Quadrant Structured Products, Ltd. v. Vertin, the Delaware S… Read More
November 12, 2013
Delaware Supreme Court Certifies Questions to New York Court of Appeals on "No Action" Clauses in Trust Indentures
On November 7, 2013, the Delaware Supreme Court issued a decision in Quadrant Structured Products Co… Read More
