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

MCLE Credits: 4.0
Ethics Credits Included: 0.0

MCLE Credit:	4.0 (Ethics: 0.0)
Live-Interactive Credit:	0.0
Price:	$195 - USB with electronic materials $225 - USB plus printed materials (includes electronic materials)
Available Through:	9/30/2021

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Schedule
Faculty
Locations, Dates and Fees

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A pre-recorded video replay of the October 2018 live seminar, Fraud—The Most Used and Least Understood Cause of Action: Allegations, Defenses, and Practice Tips.

Topics covered:

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.

Schedule

COURSE SCHEDULE

Why Plead Fraud?
John A.C. Keith

Psychological component of pleading fraud
Avoiding collateral damage—“You’re a liar”
Impact on negotiations
Strategies

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

Separation of Fraud and Contract Claims
Edward B. Lowry

Discovery Issues
John A.C. Keith

Pre-pleading
Post-pleading
Tips for plaintiffs and defendants

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

Fraud as a Defense
John A.C. Keith

Damages and Other Remedies
Hon. Thomas Horne

Economic loss rule
Rescission
Attorney fees
Punitive damages for actual but not constructive fraud
Higher standard

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.

Faculty

FACULTY

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

MODERATOR

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