Fraud - The Most Used and Least Understood Cause of Action: Allegations, Defenses, and Practice Tips 2015 Seminar Materials

Publication Date: September 2015
Available Formats: Searchable PDF via immediate download, CD-ROM, or USB Flash Drive
Pages: 86

Information

Topics Covered:

  • Why Plead Fraud?
  • Types of Fraud
  • Separation of Fraud and Contract Claims
  • Difficulties in Alleging and Proving Fraud
  • Fraud as a Defense
  • Damages and Other Remedies
  • Practice Tips When Dealing with Fraud Cases

This comprehensive, stand-alone publication is direct from a September 2015 seminar.

Fraud is easy to allege, but seldom prevails at trial. Court decisions construing fraud have erected many traps for the unwary; however, opportunities remain for successfully utilizing this all-purpose cause of action. Our team of experienced litigators, supported by a seasoned judge, will help you navigate this difficult area of the law to successfully prove, or resist, a charge of fraud.


Table of Contents

WHY PLEAD FRAUD
John A. C. Keith

I. INTRODUCTION

II. WHAT IS THE IMPACT OF A FRAUD CLAIM?

III. WHAT ARE THE ADVANTAGES OF FRAUD CLAIMS?

IV. DOWNSIDES?

APPENDIX

TYPES OF FRAUD
Monica T. Monday

I. ACTUAL FRAUD

II. CONSTRUCTIVE FRAUD

III. FRAUD IN THE INDUCEMENT

IV. CONSPIRACY TO DEFRAUD

V. CONSUMER FRAUD (VIRGINIA CONSUMER PROTECTION ACT)

IV. COMPUTER FRAUD (VIRGINIA COMPUTER CRIMES ACT)

VI. SECURITIES RELATED FRAUD: OPPRESSION OF MINORITY
SHAREHOLDERS

SEPARATION OF FRAUD, BREACHES OF FIDUCIARY DUTY AND CONTRACT

Edward B. Lowry

SEPARATION OF FRAUD, BREACHES OF FIDUCIARY DUTY AND CONTRACT

DISCOVERY ISSUES IN FRAUD CASES

John A. C. Keith

I. THE PROBLEM

II. PRE-FILING INVESTIGATION

III. RULE 4 DISCOVERY AFTER FILING

IV. CRIME-FRAUD EXCEPTION TO ATTORNEY CLIENT PRIVILEGE

DIFFICULTIES IN ALLEGING AND PROVING FRAUD
Edward B. Lowry

I. ACTUAL FRAUD

II. CONSTRUCTIVE FRAUD

III. PRESENT INTENTION NOT TO PERFORM-2

IV. EXISTING FACT VS. OPINION, PUFFING OR PROMISE AS TO FUTURE
EVENT

V. PLEADING WITH PARTICULARITY/SPECIFICITY

VI. OMISSION OF FACT/FAILURE TO DISCLOSE

FRAUD AS A DEFENSE
John A. C. Keith

I. RECOUPMENT

II. STATUTORY RECOUPMENT

DAMAGES AND OTHER REMEDIES

Monica T. Monday

I. FRAUD

II. STATUTORY CONSPIRACY TO DEFRAUD

III. VIRGINIA CONSUMER PROTECTION ACT (VCPA)

IV. VIRGINIA COMPUTER CRIMES ACT –
VIRGINIA CODE §§ 18.2-152.1 – 18.2-152.16

V. OPPRESSION OF MINORITY SHAREHOLDERS

PRACTICE TIPS WHEN DEALING WITH FRAUD CASES

John A.C. Keith
Edward B. Lowry
Monica T. Monday
Hon. Alfred D. Swersky


CONCLUDING PANEL DISCUSSION

Authors

John A. C. Keith

Monica T. Monday

Edward B. Lowry

Hon. Alfred D. Swersky

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