Fraud—The Most Used and Least Understood Cause of Action: Allegations, Defenses, and Practice Tips

MCLE Credits: 4.0
Ethics Credits Included: 0.0

Live on Site: Thursday, October 18 / Fairfax
Registration: 8:30 a.m.
Program: 9:00 a.m. - 1:20 p.m.
MCLE Credit: 4.0 (Ethics: 0.0)
Live-Interactive Credit: 4.0 Live Interactive MCLE Credit Symbol
Video on Site Options


Why Attend?

  • Find out from experienced Virginia litigators why fraud is over-pleaded and under-proven
  • Learn when and how to use claims of fraud to your client’s best advantage
  • Get an update on attorney fees in fraud cases
  • Hear commentary from the Bench

Fraud is easy to allege, but can be difficult to prevail on 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 two seasoned judges, will help you navigate this difficult area of the law to successfully prove, or resist, a charge of fraud.

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8:30 Registration
9:00 Why Plead Fraud?
John A.C. Keith
  • Psychological component of pleading fraud
  • Avoiding collateral damage—“You’re a liar”
  • Impact on negotiations
  • Strategies
9:45 Types of Fraud
Hon. Thomas Horne
  • Actual and constructive fraud
  • Intrinsic and extrinsic fraud (fraud on the court)
  • Fraud in the inducement
  • Conspiracy to defraud (statutory and common law)
  • Consumer fraud (Virginia Consumer Protection Act)
  • Securities fraud
  • Securities arbitration
10:15 Separation of Fraud and Contract Claims
Edward B. Lowry
10:55 Break
11:10 Discovery Issues
John A.C. Keith
  • Pre-pleading
  • Post-pleading
  • Tips for plaintiffs and defendants
11:30 Difficulties in Alleging and Proving Fraud
Edward B. Lowry
  • Present intention not to perform
  • Existing fact
  • Puffing
  • Omission of fact
  • Pleading with particularity
  • Statute of limitation issues
12:15 Fraud as a Defense
John A.C. Keith
12:30 Break
12:40 Damages and Other Remedies
Hon. Thomas Horne
  • Economic loss rule
  • Rescission
  • Attorney fees
  • Punitive damages for actual but not constructive fraud
  • Higher standard
1:05 Practice Tips When Dealing with Fraud Cases
Hon. Thomas Horne, Hon. Alfred D. Swersky, John A.C. Keith, Edward B. Lowry

The four panelists will present top practice tips when dealing with fraud cases.
1:20 Adjourn



Hon. Thomas D. Horne, Judge, 20th Judicial Circuit (Ret.), The McCammon Group / Leesburg
Hon. Alfred D. Swersky, Judge, 18th Judicial Circuit (Ret.), The McCammon Group / Richmond
John A.C. Keith, Blankingship & Keith, P.C. / Fairfax
Edward B. Lowry, MichieHamlett / Charlottesville


Hon. Alfred D. Swersky, Judge, 18th Judicial Circuit (Ret.) The McCammon Group / Richmond

Locations, Dates and Fees

(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$220* regular registration (without printed materials).
$250 regular registration plus printed materials.
$265 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


FAIRFAX / Thursday, October 18
Waterford at Fair Oaks (Venue Website / Google Map)
12025 Lee Jackson Memorial Highway
(703) 352-3200

Click here if you wish to register three or more people from the same firm.
A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.

Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.


To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar.  A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar.  Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $60 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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