News & Analysis as of

Fraud Jurisdiction

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

Judge Starr’s Ruling in Metals.com Case Raises Jurisdictional Questions About CFTC Authority

A recent ruling by a Texas federal court adopts a narrow, textually driven reading of the Commodity Exchange Act, questioning whether gold and silver bullion are “commodities” within the statute’s scope....more

Thomas Fox - Compliance Evangelist

Data Driven Compliance: Understanding the UK’s New Failure to Prevent Fraud Offense with Sam Tate

Welcome to Season 2 of the award-winning Data Driven Compliance. In this new season, we will look at the new Failure to Prevent Fraud offense. Join host Tom Fox as we explore this new law and how to comply with it through the...more

The Volkov Law Group

Landmark Ninth Circuit Ruling Expands Application of False Claims Act to Trade Enforcement (Part II of II)

The Volkov Law Group on

DOJ’s ability to bring False Claims Act actions against companies for customs fraud was affirmed in a significant Ninth Circuit decision, United States ex rel. Island Industries Inc. v. Sigma Corp., No. 22‑55063, __ F.4th __...more

WilmerHale

Second Circuit Decision Clarifies Scope of Honest Services Wire Fraud Statute

WilmerHale on

On July 2, 2025, the U.S. Court of Appeals for the Second Circuit ruled in United States v. Lopez that foreign commercial bribery schemes fall within the ambit of the honest services wire fraud statute, 18 U.S.C. §...more

Jones Day

Global Enforcement And Asset Recovery Series - Series Article 2: Asset Disclosure

Jones Day on

In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful...more

BCLP

Revisiting Vesting Orders in Internet Scam Cases

BCLP on

In our previous article titled Fraud Cases: Hong Kong Court’s Jurisdiction on the Grant of Vesting Orders, our team discussed the remedy of vesting orders in providing relief to victims of internet fraud in recovering their...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Jackson Walker

Texas Business Court Asserts Jurisdiction in $95 Million Texas Lottery Dispute

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A recent decision from the Texas Business Court, Reed v. Rook TX, LP, centers on a dramatic claim: Jerry Reed, who “won a $7.5 million Lotto Texas jackpot in May 2023,” alleges that “his winnings would have been $95 million...more

Lathrop GPM

California Federal Court Enforces Hotel Franchisor’s Arbitration Provision and Compels Arbitration

Lathrop GPM on

A federal court in California recently granted a franchisor’s motion to compel arbitration and stay the lawsuit in a dispute alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and...more

Carey Olsen

Fraud, Asset Tracing and Recovery - Bermuda (Commercial Dispute Resolution, CDR)

Carey Olsen on

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

Freiberger Haber LLP

Fraud and the Assignment of Lottery Winnings

Freiberger Haber LLP on

A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding...more

Carey Olsen

Fraud, Asset Tracing and Recovery 2025 - British Virgin Islands (Commercial Dispute Resolution, CDR)

Carey Olsen on

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

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

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

BCLP

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

BCLP on

“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

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells

30 years of the International Arbitration Act: a review

Hogan Lovells on

MinLaw’s current review of the IAA signifies efforts to strengthen the competitiveness of Singapore as a hub for international arbitration. With this year marking the 30th anniversary of the Singapore International...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Miller

On March 26, 2025, the United States Supreme Court decided United States v. Miller, No. 23-824, resolving a circuit split and holding that in an action brought under § 544(b) of the bankruptcy code, § 106(a)’s sovereign...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

Orrick, Herrington & Sutcliffe LLP

CFPB dismisses lawsuit against lease-to-own company, who drops theirs

On March 6, the CFPB dismissed with prejudice a lawsuit against a lease-to-own company. The Bureau had previously alleged the company violated multiple counts of consumer finance fraud under the CFPA, TILA, the EFTA, and the...more

Carlton Fields

Florida Appeals Court Decisions Week of February 24 - 28, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Winstead PC

Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined...

Winstead PC on

In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more

Carlton Fields

Florida Appeals Court Decisions: Week of November 25-27, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - No decisions this week...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

IR Global on

The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

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