June 19, 2013
The Devil is in the Statute of Limitations
NY Supreme Court Justice Kornreich (N.Y. County) issued an opinion ACE Securities Corp. v. DB Structured Products Inc., No. 650980/2012 (May 13, 2013) that diverges in approach from an earlier SDNY opinion as to whether the statute of limitations runs … Continue reading
June 19, 2013 in 2013 | Permalink | No Comments
May 30, 2013
Standard & Poor Puffery
The Department of Justice filed its opposition to S&P’s Motion to Dismiss the federal government’s FIRREA lawsuit. At this stage of the litigation, it appears as if the key issue is whether S&P’s alleged misrepresentations about its business practices are … Continue reading
May 30, 2013 in 2013 | Permalink | No Comments
May 9, 2013
FIRREA Flies
Law360 interviewed me about the federal government’s continuing reliance on FIRREA in Prosecutors Get Last Laugh In $1B BofA Fraud Case (behind a paywall): A controversial legal theory at the heart of a $1 billion mortgage fraud suit against Bank … Continue reading
May 9, 2013 in 2013 | Permalink | No Comments
May 7, 2013
Reiss on FIRREA!
Law360 quoted me in a story, Rakoff Ruling In $1B BofA Case May Halt DOJ Hot Streak, that reflects some judicial skepticism about the federal government’s broad reading of FIRREA: Prosecutors have seized on an obscure 1989 law to launch … Continue reading
May 7, 2013 in 2013 | Permalink | No Comments