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Fraudulent Transactions

There are four types of fraudulent transactions, sometimes referred to as fraudulent conveyances or fraudulent transfers. The first type of fraudulent transfer is one made with the actual intent to defraud creditors. The creditors for whose protection these types of fraudulent transfers apply are not limited to current creditors of the transferor; they also include [...]

By |2020-11-30T14:19:01-08:00November 30th, 2020|Business Law|Comments Off on Fraudulent Transactions

Statutes of Limitation and the “Delayed Discovery” Rule

Statutes of limitation require that claims be brought within a specified period of time, and if they are not brought within that specified period of time, they are forever barred. Statutes of limitation for some tort claims can be as short as one year; claims for breach of contract can be as long as four [...]

By |2020-11-24T15:46:53-08:00November 24th, 2020|Uncategorized|Comments Off on Statutes of Limitation and the “Delayed Discovery” Rule

Tolling Statutes of Limitation

All causes of action, whether based in tort or contract, must be brought within a certain period of time after “accrual” of the cause of action. The limitations periods are set forth in statutes and typically vary from one year to ten years, depending on the cause of action involved. In some instances, the running [...]

By |2020-11-24T15:39:14-08:00November 24th, 2020|Uncategorized|Comments Off on Tolling Statutes of Limitation

The Equitable Action of Accounting

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting. When, for instance, the gravamen of a Complaint is based on some other cause of action, such as conversion [...]

By |2020-11-18T15:49:35-08:00November 18th, 2020|Business Litigation, Commercial Law, Commercial Ligitation|Comments Off on The Equitable Action of Accounting
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