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United States: A Narrow Interpretation Of Section 546(e) - Cadwalader, Wickersham & Taft LLP

Law360, New York (April 01, 2013, 1:10 PM ET) -- FCStone, a New York-based commodities brokerage firm, was recently ordered to return a transfer of $15.6 million to the bankruptcy estate of Sentinel Management Group.        

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United States: Second Circuit Reverses Dismissal Of Section 11 And 12(A)(2) Claims, Holding That Plaintiff's Allegations Were Sufficient To Plead A Reasonable Inference Of Misrepresentations In A Prospectus - Sheppard Mullin Richter & Hampton

In New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC, 2013 U.S. App. LEXIS 4317, the United States Court of Appeals for the Second Circuit reversed the dismissal of a claim for violations of Sections 11 and 12(a)(2) of the Securities Act of 1933, 15 U.S.C. §§ 77k, 77l, holding that the plaintiff pleaded sufficient facts to support a reasonable inference that defendants misstated mortgage underwriting guidelines to investors.

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United States: Court Finds Investment Advisor’s Payments To Customers Are Not Exempt From Avoidance Under Section 546(e) Of The Bankruptcy Code - Cadwalader, Wickersham & Taft LLP

FCStone, a New York-based commodities brokerage firm, was recently ordered to return a transfer of $15.6 million to the bankruptcy estate of Sentinel Management Group.

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United States: CMS Publishes Physician Payment Sunshine Rules; Manufacturers And Group Purchasing Organizations Are Required to Submit Detailed Annual Reports - Duane Morris LLP

On February 1, 2013, the Centers for Medicare and Medicaid Services (CMS) published the long-awaited rules (the "Rules") detailing manufacturers' and group purchasing organizations' reporting requirements under Section 6002 of the Affordable Care Act, otherwise known as the Physician Payment Sunshine Act (the "Act").

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United States: Second Circuit Dismisses Short-Swing Profit Claim - Paul Hastings LLP

In a case of first impression, the Second Circuit in Gibbons v. Malone, No. 11–3620–cv, 2013 WL 57844 (2d Cir. Jan. 7, 2013) declined to apply Section 16(b) of the Securities Exchange Act of 1934, more commonly known as the "short-swing profit rule," to a corporate insider transaction involving shares of two different classes of stock of the same issuer.

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