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318 results found

Article

Mayer Brown | USA | 5 Oct 2011

New York district courts differ regarding the scope of the Bankruptcy Code’s “safe harbors” for protected contracts

The District Court for the Southern District of New York recently issued an opinion in Picard v. Katz, et al., (In re Bernard L. Madoff Investment Securities LLC), which limits avoidance actions against a debtor-broker’s customers to those arising under federal law based on actual, rather than constructive, fraud.

Article

Duane Morris LLP | USA | 3 Aug 2011

Circuit courts uphold dismissal of securities claims based on alleged fraud in sale of auction rate securities

Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently induced the purchase of the ARS.

Article

Katten Muchin Rosenman LLP | USA | 31 Jul 2009

Statute of frauds bars claim for recommending investment in Ponzi scheme

The Second Circuit Court of Appeals affirmed the Southern District of New York’s dismissal of a complaint by South Cherry Street, LLC, alleging that Hennessee Group LLC breached an oral contract to provide investment advisory services.

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