Leveraging the Voluntary Payment Doctrine in Litigation: Protecting Client Funds From Recoupment or Return
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare trial lawyers to wield or resist the powerful weapon that is the voluntary payment doctrine (VPD). The VPD broadly prohibits parties from recouping payments they made to others, even if it exceeded the amount due the recipient or was made by mistake.
Outline
- Requirements of the VPD
- Voluntary
- All facts known
- Mistake as to law
- Defenses to the VPD
- Deception or fraud
- Duress
- Urgency
- Situations in which VPD has been applied
- Situations in which VPD has not been applied
- Choice of law and choice of forum
Benefits
The panel will review these and other essential issues:
- What is the VPD and what is its scope?
- Why are legal commentators so critical of the VPD?
- Are there ways of avoiding the consequences of the VPD?
- How should jurisdictional differences as to the VPD impact legal strategy?
Faculty
James D. Abrams
Partner
Taft Stettinius & Hollister
Mr. Abrams represents clients in all aspects of civil litigation with a concentration in commercial matters. Before... | Read More
Mr. Abrams represents clients in all aspects of civil litigation with a concentration in commercial matters. Before joining the legal field, he held leadership roles at both publicly traded and privately held businesses including serving as CFO at GAP, Inc. and Williams-Sonoma, Inc. Mr. Abrams' deep knowledge of business allows him to bring a real-world perspective to client matters. His success in the corporate world also includes helping build emerging-growth companies and start-up ventures in the retail, direct marketing and consumer products industries. Mr. Abrams' unique background has led to a proven track record of successfully resolving disputes inside, as well as outside, of the courtroom.
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Colin E. Flora
Civil Litigation Attorney
Pavlack Law
Mr. Flora focuses his practice on civil litigation for both plaintiffs and defendants. This ranges from personal injury... | Read More
Mr. Flora focuses his practice on civil litigation for both plaintiffs and defendants. This ranges from personal injury to class actions and other complex litigation matters.
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Mark P. Rotatori
Partner
Jones Day
Mr. Rotatori has experience representing companies in commercial litigation matters with an emphasis on federal and... | Read More
Mr. Rotatori has experience representing companies in commercial litigation matters with an emphasis on federal and state tax controversies, public-private partnership disputes, and fraud litigation, including False Claims Act and consumer fraud cases. He has more than 20 years of extensive trial and appellate experience in these areas in state and federal courts.
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