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Commercial Fraud

Circuit Finds No Successor Liability from Buying Assets and Continuing the Business

Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
Court: 
8th Circuit

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.
Court: 
4th Circuit

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.
Court: 
2nd Circuit›New York›New York Southern District

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.
Court: 
5th Circuit›Texas›Texas Western District

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.
Court: 
2nd Circuit

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