News & Analysis as of

Discovery Fraud

Carey Olsen

Fraud, Asset Tracing and Recovery 2025 – Cayman Islands (Commercial Dispute Resolution, CDR)

Carey Olsen on

This guide explores the latest legislative, regulatory and enforcement developments in the Cayman Islands and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a fraud...more

Ballard Spahr LLP

DE Chancery Court Curbs Inspection to Investigate Alleged Fraud

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In Scaramellino v. Arencibia Holdco, LLC, Delaware’s Chancery Court recently approved a limited liability company’s narrow production in response to a broad books and records inspection demand, despite the petitioner’s...more

Kilpatrick

Recent English High Court Decision Reveals The Obstacles In Obtaining Foreign Discovery For Use In US Litigation

Kilpatrick on

In Byju’s Alpha, Inc. v. Oci Limited, 2025 (EWHC 271) (KB), the claimant in Delaware proceedings seeking to recover assets and losses arising from fraudulent misappropriation learned that funds had been transferred to an...more

Farrell Fritz, P.C.

LLC Minority Member Gets Caught in His Own “Wolverine Trap”

Farrell Fritz, P.C. on

Over the years I’ve become less enamored with arbitration as an alternative to litigating complex business cases in court, mostly because the traditional trade-off between abundant due process protections (court) versus...more

Hogan Lovells

Obtaining evidence in England for overseas court proceedings – a recent reminder

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A recent English High Court decision highlights a number of key issues when seeking an order to obtain evidence in England for use in overseas proceedings. In this case, the English court declined to make the orders which had...more

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Goldberg Segalla on

Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

Sheppard Mullin Richter & Hampton LLP

Proving Fraud is and Should Be Hard: Lessons from a Recent Medicare Advantage False Claims Act Decision

The litigator’s adage “it’s easy to plead, it’s hard to prove” once again came true in the long-running False Claims Act (FCA) case targeting Medicare Advantage (“MA”) plans operated by UnitedHealth (United). Eight years...more

Herbert Smith Freehills Kramer

Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege...

On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more

Fox Rothschild LLP

A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet

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Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more

J.S. Held

Leveraging Generative AI in Complex Investigations

J.S. Held on

Complex investigations are on the rise with investigators being asked to do more with less, therefore needing to gain efficiency to handle workloads. A complex investigation can be triggered by a litigation event, government...more

EDRM - Electronic Discovery Reference Model

From Sextortion to Financial Scams: The Expanding Reach of Deepfakes

ComplexDiscovery’s Editor’s Note: Deepfake technology represents one of the most pressing challenges for cybersecurity and governance professionals today....more

J.S. Held

Tag-Team Approach to Tackling Fraud

J.S. Held on

A phone call comes in from a panicked client, the owner of a small, successful business. Your client was reviewing some financial records – a task usually handled by a long–time and trusted employee – and the client noticed a...more

TransPerfect Legal

Unraveling the Money Trail: The Vital Role of Linguistics in Anti-Bribery Investigations

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Linguistics plays a crucial role in investigations under the US Foreign Corrupt Practices Act, a regulation focused on combating bribery and corruption in international business transactions. These investigations typically...more

Association of Certified E-Discovery...

[Event] eDiscovery: Generative AI and the AI ​​Act - May 30th, Amsterdam, Netherlands

On May 30, the Benelux department of ACEDS (Association of Certified eDiscovery Specialists) is organizing an exclusive event in Amsterdam. Are you interested in the latest developments in the field of artificial...more

Hogan Lovells

Third Circuit: crime-fraud exception can apply to attorney-client privilege in sham-litigation case

Hogan Lovells on

In a ruling with significant implications for companies facing sham-litigation claims, such as those that can arise in the Hatch-Waxman context for pharmaceutical manufacturers, the Third Circuit recently refused to vacate a...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Court Issues A Decision Striking A Defendant’s Answer Over Discovery Violations

In a recent decision in Tsung Tsin Ass'n v. Tian Xiang Zhu, Index No. 651584/2023, Doc. No. 213, 2023 BL 426536 (Sup. Ct. N.Y. Cnty. Nov. 16, 2023), Justice Schecter of the New York County Commercial Division took the rare...more

Fox Rothschild LLP

Silence as to Some Facts in a Complaint can be Golden

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A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins v....more

HaystackID

[Webcast Transcript] Best Practices for Selecting, Staffing, and Supporting Complex and High-Velocity Legal Document Reviews

HaystackID on

Editor’s Note: In this insightful webcast hosted by HaystackID on April 19, 2023, our expert panel delved into the best practices for selecting, staffing, and supporting complex and high-velocity legal document reviews. The...more

J.S. Held

Forensic Accounting & Financial Investigations: The Layered Approach

J.S. Held on

Taking the Layered Approach - There’s a maxim in forensic accounting that investigations take twice as long as anticipated, yet the final report appears to have taken half the time. There are progressive layers in a...more

Reveal

How To Detect And Prevent  Employee Fraud

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In 2020, experts estimated businesses lost an average of 5% of their revenue to fraud. Specifically, the estimate applies to a global estimate on the impact of occupational fraud. This means perpetrators are employed by the...more

Reveal

eDiscovery For Investigations: 3 Common Use Cases And What You Should Know

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Corporations need to do more internal investigations than ever before. They need investigations to be able to respond adequately and timely to requests from regulators....more

Troutman Pepper Locke

How the U.S. Senate's Proposed Amendments to the Federal False Claims Act Could Influence State False Claims Acts Nationally

Troutman Pepper Locke on

On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more

Reveal

Internal Company Fraud Investigations | The Essential Guide For In-house Counsel

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Corporate fraud is rampant - and nearly half of companies aren’t even investigating it.  That’s the message from PwC’s Global Economic Crime and Fraud Survey 2020, which surveyed more than 5,000 companies globally about...more

Fox Rothschild LLP

To Thine Own Documents Be True

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When a motion for reconsideration hearing features a plaintiff’s accusation that the court made arguments for the other side, the effort to flip a prior ruling – already a tough get – has gone a bit off the rails. In Bayport...more

Vinson & Elkins LLP

Defending On All Sides: Common Discovery Perils In Parallel Civil And Criminal Cases

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On March 11, 2021, the U.S. District Court for the Eastern District of New York granted a stay in the civil case brought by the Securities and Exchange Commission (“SEC”) against GPB Capital Holdings, LLC (“GPB Capital”),...more

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