Commercial Fraud

Good-Faith Affirmative Defenses and the “At Issue” Doctrine

Nov 2019

Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says

Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.

Runnymede Capital Management: When a Transfer Is Truly a Transfer

June 2019

How to Find Hidden Foreign Assets Here and There

After 12 Losses, Will Madoff Customers Stop Pursuing Claims Belonging to the Estate?

New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production

Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.

Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion

Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.