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This week, we take a look at one decision considering when
California law requires application of California s statute of
limitations, and another reiterating the strict standard for
pleading scienter in a securities fraud case.
The Court holds that under California choice-of-law
principles, California s statute of limitations applies when a
state resident is sued in California and the conflicting
out-of-state law is not intended to protect plaintiffs.
Panel: Judges Wardlaw, Bea, and
Caine, Jr. (W.D. La.), with Judge Bea writing the opinion.
Key highlight: Both
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Included as part of the National Defense Authorization Act, the
Corporation Transparency Act (CTA), enacted on January 1, 2020, is
an effort by the federal government to crack down on what are
commonly referred to as shell companies and stem the
rising level of illicit activity, such as money laundering and
fraud, that these shell companies are often used for. The CTA was
created to be a tool for the U.S. Treasury Department s
Financial Crimes Enforcement Network (FinCEN) to pierce the veil of
companies to identify the individuals who truly own and control
Another fraud claim bit the dust in this opposition to
registration of the mark
ZOOMPAY for electronic
payment services. Opposer PayPal claimed a likelihood of confusion
with the registered mark
XOOM (in standard
character form) for overlapping money transfer services. Applicant
ZT Holdings charged PayPal with fraud in procuring five of the
pleaded registrations, but ZT failed to prove that any false
statements by PayPal were made with an intent to deceive the USPTO.
End of fraud story.
PayPal, Inc. v. ZT Holdings, LLC2,
Opposition Nos. 91208416 and 912173743 (March 29, 2021) [not
precedential] (Opinion by Judge Peter W. Cataldo).
Fraud: The Board discussed at length Applicant
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In 2020, the biggest Foreign Corrupt Practices Act
( FCPA ) headline was the record-shattering global
anticorruption enforcement fines and penalties collected by foreign
regulators in actions involving a coordinated FCPA resolution. In
the United States, the DOJ and the SEC also collected record fines
and penalties, but those numbers were eclipsed by the global
figures. While the COVID-19 pandemic did not appear to slow the
ability to resolve cases that were near resolution, it did impact
ongoing corporate and individual investigations due to the
complications of conducting witness interviews and collecting
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During a question-and-answer session following his opening
remarks at the Federal Bar Association Qui Tam Conference earlier
this year, Senator Chuck Grassley said that the government needed
to come down with a sledgehammer, not a toothpick
against fraud.
1 Senator Grassley, a co-sponsor of the
1986 Amendments to the federal False Claims Act (FCA or the Act)
and a longtime proponent of the Act and its qui tam provision, also
weighed in on some timely and controversial aspects of FCA
litigation, including the ability of the Department of Justice