With a new decision settling the issue, businesses run the risk of being held liable for the conduct of their customers with the potential for increased Ponzi scheme related litigation following the Pennsylvania Supreme Court’s approval of a cause of action for aiding and abetting fraud.
Financial
FinCEN Alert Highlights Potential U.S. Commercial Real Estate Investments by Sanctioned Russian Elites and Their Proxies
RELATED UPDATES:
- FinCEN Encourages “Increased Vigilance” and Highlights Red Flags for Evasion of Russian Sanctions including Use of Virtual Currency (March 16, 2022)
- New Revelations in Ukraine Lead to Tightening Global Sanctions (April 8, 2022)
- Western Companies Starting to Feel Impact of Russian Sanctions (March 24, 2022)
The Financial Crimes Enforcement Network (FinCEN) has recently…
Ohio Supreme Court Holds that Insurance Policy Does Not Cover Ransomware Attack on Software
In a unanimous decision, the Ohio Supreme Court found that appellee EMOI Services, LLC’s (“EMOI”) businessowners insurance policy does not cover losses resulting from a ransomware attack on EMOI’s computer software systems.…
North Carolina Supreme Court Provides Guidance to Policyholders Attempting to Maximize Insurance Coverage for Long-Tail Claims
When seeking insurance coverage for “long-tail” mass tort and environmental claims that involve alleged exposures and injuries spanning multiple years, businesses often look to their occurrence-based commercial general liability (“CGL”) policies. These policies are designed to provide broad coverage for defense costs, settlements, and potentially adverse judgements. However, CGL policies generally cover “occurrences” during one-year…
Notable Litigation – December 2022
Notable litigation filed during December 2022 includes: (1) Eichler v. Vbit Technol. Corp;. (2) SEC v. Fernandez, et al.; (3) Vincent v. Barber, et al.; (4) O’Dowd v. Barber, et al.; (5) Nguyen v. Barber, et al.; (6) M. Manni v. Barber, et al.; (7) J. Manni v. Barber, et al.; and (8) Ames, et…
FinCEN Issues Notice of Proposed Rulemaking on Access to Beneficial Owner Information
On December 15, 2022, the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a lengthy Notice of Proposed Rulemaking to implement beneficial ownership information (“BOI”) access and safeguards provision of the Corporate Transparency Act (“CTA”) (the “Access NPRM”). The Access NPRM provides a framework by which authorized recipients may access BOI, providing different…
Notable Litigation – November 2022
Notable litigation for October includes: (1) Kansas Securities Commissioner v. Premier Global Corporation, et al.; (2) Dettmering, et al. v. VBit Technologies Corp., et al.…
Fourth Circuit Vacates, Remands Class Certification, Applying Ramirez to Standing in Mortgage Case
On Oct. 28, the U.S. Court of Appeals for the Fourth Circuit vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers. The decision, which relies on the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez, provides further ammunition for the argument that all putative class members must have a…
Notable Litigation – October 2022
Notable litigation for October includes: (1) Karvounides, et al. v. Antonas, et al.; (2) Capital Providers of Cambridge Sarano, LLC, et al. v. Robl, et al.; (3) Investors in Friends of Production Capital LLC v. Friends of Production Capital LLC; and (4) Orrico, et al. v. ABC Capital Investments, LLC.…
New Complaint – Securities and Exchange Commission v. Lam, et al.
Securities and Exchange Commission v. Lam, et al. was filed in the United States District Court for the Central District of California on September 22, 2022, claiming Defendants Brian Lam (“Lam”), Nathan Nguyen (“Nguyen”), NineSquare Capital Partners LLC (“NineSquare Capital”), and Nguyen Group LLC (“NGL”) (collectively, “Defendants”) violated several provisions of the Securities Act and…