News & Analysis as of

Fraud

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

by King & Spalding on

In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

Financial Services Weekly News - February 2018 #2

by Goodwin on

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) released its five-year Strategic Plan and issued a request for information on its enforcement processes; the New York State Department of...more

Xitronix Corporation v. Kla-Tencor Corporation

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Mayer, and Hughes. Appeal from U.S. District Court for the Western District of Texas. Summary: The Federal Circuit...more

Third Circuit Upholds Arbitration Agreement In Retail Installment Agreement Between Used Car Buyer And Dealer

by Carlton Fields on

This dispute stemmed from a complaint filed by Edmondson, alleging claims under the Federal Odometer Act and the Magnuson-Moss Warranty Act, as well as state law claims for fraud, in relation to her purchase of a used car...more

Is the Test for Mareva Injunctions/Freezing Orders Too Stringent?

by Bennett Jones LLP on

An important pre-trial remedy in cases of fraud is the Mareva injunction, now more commonly called a “freezing order”. This remedy, in simple terms, allows the victim of a fraud, as a plaintiff in the civil courts, to prevent...more

Investment Services Regulatory Update - February 2018

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues Guidance on Cryptocurrency-related Holdings - On January 18, 2018, the staff of the SEC’s Division of Investment...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Walker Process Monopolization Claim Does not Depend upon Resolution of a Substantial Question of Federal Patent Law

In Xitronix Corp. v. Kla-Tencor Corp., [2016-2746] (February 9, 2018), the Federal Circuit transferred an appeal of a Walker Process claim to the United States Court of Appeals for the Fifth Circuit, which has appellate...more

Tales of Two Fraud Investigations Terminated and the Lives Blessed by Truth

by Nexsen Pruet, PLLC on

I have to tell two short stories today. As a former English teacher, I encourage you to allow your imagination to bring the realities of theses people's lives to life....more

High Court Rules That Litigation Privilege Can Apply in Respect of Internal Investigations

by Shearman & Sterling LLP on

In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more

Understanding Limitations of Liability: Recent Alberta and Canadian Case Law

by Field Law on

Contractual liability limitations are a means of managing risk in construction contracts. Depending on the type of project, the type of possible damages, and the availability (or unavailability) of insurance, liability...more

Corporate and Financial Crimes Series, #2: Criminal Fraud

This is the second installment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This installment discusses...more

Informing Illinois Newsletter - February 2018

by Hinshaw & Culbertson LLP on

Illinois Supreme Court Set to Consider Whether a Court Order Can Preempt a FOIA Request - The Illinois Supreme Court is set to determine whether an agency or municipality may refuse to disclose a document requested under the...more

More news bout Vantage Benefits

by Ary Rosenbaum on

Since the FBI closed down Vantage Benefits on November 1, we haven’t heard much. Here is an update: MBA Engineering, Inc filed sued against Vantage Benefits, Jeff Richie and his wife, Wendy Richie, for the...more

Does the Rural Healthcare Program Need a Check-Up? Program Under Microscope Following $18.7 Million Proposed Fine for Fraud

by Kelley Drye & Warren LLP on

The Rural Health Care Program (“RHCP”) is sure to face increased scrutiny in the wake of a $18.7 million proposed fine issued by the Federal Communications Commission (“FCC”) at its January meeting against a...more

[Webinar] Issues and Recent Developments in Art Law, Part 1: Lending Issues - Wealth Management - February 21st, 11:00am CT

by Locke Lord LLP on

Please join Christie’s and the Locke Lord LLP Art Law Group for an informative discussion on current lending issues affecting art. Wednesday, February 21, 2018, 11:00 a.m. - 12:30 p.m. (Central. Program will promptly begin...more

Weekly Roundup of Local and Under-the-Radar White Collar News - February 2018

..Miami businessman agrees to pay $81M for EB-5 visa program fraud ..The Commodity Futures Trading Commission (CFTC) apparently sent subpoenas to cryptocurrency platforms ..Meanwhile, the SEC obtained a court order halting...more

SEC halts “Decentralized Consumer Bank” Initial Coin Offering (ICO) Labeling it a “Scam”

On Monday, the Securities and Exchange Commission (SEC) announced it had obtained a court order suspending AriseBank’s (Arise) initial coin offering (ICO) whose public sale began in late December. According to the SEC, Arise...more

US Commodity Futures Trading Commission Charges My Big Coin Pay, Inc. and Its Founders with Fraud and Misappropriation of Customer...

by Shearman & Sterling LLP on

The Commodity Futures Trading Commission has announced the filing of an enforcement action charging Nevada-based firm My Big Coin Pay, Inc. and its founders with operating a scheme through which they fraudulently offered the...more

CFPB’s $287 Million Restitution and Penalties Request Denied

by Weiner Brodsky Kider PC on

The U.S. District Court for the Central District of California recently denied the CFPB’s request for $236 million in restitution and $52 million in penalties against a lender, its president and CEO, and two affiliates...more

SEC Charges Two Advisers With Fraud Tied to Retail Investors

by Dorsey & Whitney LLP on

The Commission filed another action centered on retail investors. In this case two employees of a well known Financial Institution took advantage of firm clients over a period of three years, defrauding them of thousands of...more

Privacy Tip #124 – FTC Alerts Consumers to Social Security Administration Scammers

The Federal Trade Commission (FTC) issued a scam alert this week notifying consumers that it has received an up-tick in complaints that scammers are calling consumers claiming they are from the Social Security Administration....more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

Saudi Arabia Update - January 2018

by Dentons on

Legal developments - Draft Bankruptcy Law approved - Saudi Arabia’s bankruptcy and insolvency law regime has been governed by two regulations, the earliest dating back to 1930. These regulations have historically caused...more

The Paris Court of Appeal Weighs In On International Public Policy

by White & Case LLP on

On 16 January 2018, the Paris Court of Appeal reaffirmed its greater control over international arbitral awards by setting aside an ICC arbitral award in MK Group v. Onix on international public policy grounds because of a...more

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Cybersecurity

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