New York Supreme Court

  • Litigation: Martin Act doesn’t preclude all common-law claims

    Common-law claims in New York preempted only if they are solely predicated on the Act

  • Court limits access to a plaintiff’s Facebook account

    The First Department of the Appellate Division in New York set restrictions yesterday for the extent to which a man’s Facebook account may be used against him in a personal-injury lawsuit. In doing so, the court cast a light on the growing limitations for lawyers who wish to use social...

  • Litigation: Is FINRA still fine?

    On Oct. 5, 2011, the 2ndCircuit held in Fiero Brothers v. FINRAthat the Financial Industry Regulatory Authority (“FINRA”) lacks the power to sue its members to collect fines it imposes in disciplinary proceedings. The decision arose from FINRA’s suit against the Fiero Brothers securities firm to recover a $1,000,000 fine.

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