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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 plaintiff alleging…
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 unlikely to exist. Thus, courts must evaluate the…
Wage theft by employers costs workers millions each year
It can seem minor at the time. Maybe your employer insists you do prep work off the clock. Perhaps you’re told you’re not eligible for overtime pay, even though you worked more than 40 hours that week. Or maybe a new manager took over and…
Four Types of Constructive Fraud Claims
Several sections of New York’s Debtor and Creditor Law (“DCL”), which govern similar but distinct claims of constructive fraud, provide redress to creditors for various scenarios in which debtors conceal, move, or unlawfully distribute assets which could otherwise be used to satisfy a judgment. DCL…
Employee pressure ends mandatory arbitration at some companies
Earlier this year, the U.S. Supreme Court ruled in Epic Systems Corp. v. Lewis that employment contracts may require workers to solve their employment complaints in individual arbitration. Many employees and their advocates have criticized the use of individual arbitration mandates, particularly in sexual harassment and other…
Are caregivers protected against discrimination?
Caregivers never truly stop working. They must ensure that the needs of a loved one or minor child are met, whether they are physically with that person or at work. Some employers in New York fail to recognize the responsibilities caregivers have. Fortunately, employees in…
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