Fraud, Default Judgment

Is Challenging a Judgment Allegedly Procured by a Previously Known Fraud an Abuse of Process and Vexatious?

BCLP on 5/20/2025

“Once a judgment is tainted by deceit it is fatally flawed” (Park v CNH Industrial Capital Europe Limited). But can an application to set aside a default judgment allegedly procured by fraud, itself be an abuse of process,...more

Fraud cases: Hong Kong Court’s jurisdiction on the grant of vesting orders

BCLP on 3/22/2022

Regrettably, internet scams are on the rise in Hong Kong, consistent with the regrettable world trend. According to police, reports of cybercrimes in Hong Kong surged more than sevenfold during the past decade to 16,159...more

Three in a row – victims' tool to recover cyber fraud funds affirmed in Hong Kong

Hogan Lovells on 3/7/2022

The Hong Kong court has reaffirmed its jurisdiction to grant vesting orders to assist victims of cyber fraud. The decision which is consistent with our recent success obtaining vesting orders for clients and two other 2021...more

Texas Power Companies Investigated Post-Storm | Cryptocurrency Investors Misled| Student Loan Relief

Cozen O'Connor on 2/26/2021

2022 AG Elections- Republican Candidate Seeks 2022 Rematch Against Minnesota’s Incumbent Attorney General- •Doug Wardlow, general counsel for My Pillow, Inc. and a former state representative, has announced he will...more

U.S. SEC and Longfin CEO settle fraud action

Hogan Lovells on 1/21/2020

The SEC has settled its fraud action against Longfin CEO Venkata Meenavalli, who has agreed to pay $400,000 in disgorgement and penalties. The SEC's complaint alleged that Longfin and Meenavalli obtained qualification for...more

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

Jones Day on 12/18/2019

The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/11/2019

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on 10/24/2019

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years: effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Federal Magistrate Judge Tells Cautionary Tale About How Not to Conduct Discovery in Federal Court

Dorsey & Whitney LLP on 5/23/2019

Earlier this month, a federal magistrate judge in the Eastern District of New York, Judge Lois Bloom, issued a report and recommendation (“R&R”) that the ultimate sanction of default judgment be entered against certain...more

Bankruptcy Beat: Default Judgment Is Not Automatic Following Entry Of Default

Pullman & Comley, LLC on 7/2/2016

On May 12, 2016, the Honorable Julie A. Manning issued a decision in an adversary proceeding entitled Law Office of W. Martyn Philpot, Jr., LLC v. Day, which addressed two issues. The first issue was whether the plaintiff was...more

Second Circuit Affirms Certification of Consumer Debt Collection Class, Distinguishing Comcast v. Behrend

Carlton Fields on 2/27/2015

These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by...more

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