Litigation
The Pennsylvania Fraudulent Transfers Act: A Useful Tool to Avoid Debtors’ Sham Sales of Assets and Turn Judgments into Dollars in a Slowing Economy
Posted in Business & Corporate, Litigation
The Pennsylvania Uniform Fraudulent Transfers Act, (PUFTA) 12 Pa.C.S.A. § 5101 et seq., grants a statutory remedy to creditors where a debtor has acted to hinder his creditors and identifies several factors for scrutinizing transfers as fraudulent to creditors. Where a transfer has been proven to be fraudulent as to a debtor’s creditors, remedies available to a creditor include voiding the fraudulent transfer, attaching the transferred property, injunctions against the debtor’s future disposition of assets, and Court appointment of a receiver to take charge of fraudulently transferred assets. Continue reading
A Nutshell on Marketability & Minority Discounts in New Jersey
Posted in Business & Corporate, Litigation, Shareholder Oppression
In most cases, the single most important issue in a minority shareholder oppression dispute is the valuation of the complaining shareholder’s interest in subject closely held company. One important sub-issue is the applicability of marketability and minority discounts in valuing a less than controlling interest in the subject closely held corporation. Continue reading
What is Legal Fraud?
Posted in Litigation
The law has a specific definition what constitutes actionable legal fraud. In order to assert a legal fraud claim the moving party must establish five elements by clear and convincing evidence. Continue reading
What Is The Parol Evidence Rule?
Posted in Litigation
The Parol Evidence Rule is a substantive rule which states that whenever contractual intent is sought to be ascertained from among several expressions of agreement by the parties, an earlier tentative agreement will be rejected in favor of a later expression that is final. Continue reading
Arbitrator’s Right to Issue a Subpoena to a Non-Party, Out-of-State Witness
Posted in Litigation
Under the rules of Section 7 of the Federal Arbitration Act (“FAA”), it is necessary to apply a two-step analysis in order to determine the geographic limitation of the enforcement of an arbitration subpoena. First, it is necessary to identify the proper district court in which to file a petition to enforce the arbitrator’s subpoena Continue reading
Livestock and Breeding Animal Warranties
Posted in Litigation
Successfully defended Michigan based alpaca breeder in breach of contract claim. Continue reading
