Technological advancements have drastically transformed every industry. Companies in every space have social media profiles; they do online marketing; they save files and data in the cloud; and most of their employees need some level of technical proficiency....
Civil Litigation
Collecting from a third party who owes money to your judgment debtor
As a judgment creditor with a money judgment in New York, you have options for collecting the money owed to you and satisfying the debt. If you know that a third party owes or will owe money to your judgment debtor, New York law provides for a “special proceeding”...
What does the Uniform Voidable Transactions Act mean for me?
Near the end of 2019, New York State approved the Uniform Voidable Transactions Act (UVTA), which will become effective on April 4, 2020. The UVTA is intended to modernize New York's existing fraudulent conveyance laws and bring New York law in line with the law held...
Even During Litigation, Courts Can Protect You As a Creditor
A plaintiff only becomes a judgment creditor after a judgment is entered in the lawsuit. Once a party makes the transformation from plaintiff to judgment creditor, the law provides for additional rights and remedies to protect the creditor against fraud by the debtor....
Fraud Claims Part 3 – Burdens of Proof
Burdens of proof in voidable transaction claims differ from other types of cases because direct evidence can be elusive. In these cases, what can a creditor use as evidence that will be sufficient to prove that a voidable transaction has occured? Typically, a...
Voidable Transactions Part 2 – Actual Fraud
Actual fraud is more challenging to prove than constructive fraud. Debtors are unlikely to admit they transferred assets without reasonably equivalent value consideration for the purpose of defrauding their creditors, and documentary evidence of intent is also...
Voidable Transactions: Fair Consideration and Insiders
The concept of "reasonably equivalent value" is prevalent in almost every voidable transaction claim. In a way, it's a very simple concept: Let's say you give someone a computer that's worth $1,000, and you only charge them $10 for it. The $10 would not be considered...
Would former Walmart exec violate noncompete by joining Amazon?
When an organization believes a departing employee is about to violate a noncompete agreement, what can it do? The first step in the enforcement of noncompete or nondisclosure agreements is often a trip to the courthouse in pursuit of an injunction. An injunction is a...