McGuireWoods’ Ponzi Litigation team launched its Ponzi Perspectives blog in early 2021. Since that time, we’ve posted detailed case alerts of Ponzi-related complaints filed throughout the country and posted key decisions that have the potential to influence controlling law on Ponzi-related issues involving financial institutions. This 2023 year-end round up summarizes the cases and opinions
Financial
Notable Litigation – October 2023
Notable litigation filed during October 2023 includes: California Land Acquisition and Development Inc. v. Eran Drori, et al. Additionally, cryptocurrency and the potential for fraud surrounding the increasingly popular industry were on display during the month of October with the trial and conviction of Sam Bankman-Fried, founder of the cryptocurrency exchange company FTX.…
Notable Litigation – November 2023
Notable litigation filed during November 2023 includes: (1) BB & MB WDF, LLC v. Seare, et al.; (2) Day v. Heppner, et al.; (3) Scura v. Heppner, et al.; and (4) Commodity Futures Trading Comm’n v. Young, et al.…
Merck-Settlement of $1.4 Billion Coverage Dispute Over NotPetya Cyberattack Places Renewed Spotlight on War Exclusions in 2024
Last week, Merck & Co. filed documents with the Supreme Court of New Jersey indicating that it reached a settlement with its “all risk” property insurers in a long-running coverage dispute involving over $1.4 billion in losses stemming from a 2017 NotPetya cyberattack that impacted tens of thousands of Merck computers. The coverage litigation, Merck…
Notable Litigation – December 2023
Notable litigation filed during December 2023 includes: (1) Wells, et al. v. Edisto River Investors, LLC, et al.; (2) Dagan, et al. v. Greenfield, et al.; (3) SEC v. Agridime LLC, et al.; and (4) Barnett, et al. v. Bey, et al.…
The Appraisal Clause: What It Is, and When to Enforce It
The Appraisal Process
Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies. In these circumstances, policyholders should consider whether and to what extent the dispute could be resolved…
Notable Litigation – January 2024
Notable litigation filed during January 2024 includes: (1) Bajuri v. Shiba Prop, LLC, et al. and (2) SEC v. Lee, et al.
Bajuri v. Shiba Prop, LLC, et al., No. 24-cv-00419 (Kan. Dist. Ct.).
A Ponzi victim filed suit against defendant schemers in the District Court of Johnson County, Kansas for losses arising from an…
Notable Litigation – September 2023
September was an active month for Ponzi litigation with nearly a dozen new complaints filed alleging fraudulent investment activity. The SEC continues to drive Ponzi-related litigation; in addition to four enforcement actions brought last month, previous SEC litigation precipitated several complaints filed by investors and court-appointed receivers. Consistent with the trends discussed in Ponzi Perspective’s…
The FTC and CFPB Announce New Rules to Tackle Junk Fees
On October 11, 2023, President Biden, Federal Trade Commission (FTC) Chair Lina Khan, and Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra announced the latest developments in the government’s efforts to tackle junk fees. Junk fees are hidden, surprise fees imposed on customers without clear disclosure.[1] The CFPB and FTC have taken several measures…
Notable Litigation – August 2023
Notable litigation filed during August 2023 includes: (1) SEC v. Rocha; (2) Legum v. Garfinkel, et al.; and (3) SEC v. Conn. Jr.…