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United States: When The Whistle Blows - Capstone Advisory Group, LLC

The SEC whistleblower program implemented under Section 922 of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, effective August 12, 2011, recently celebrated its first anniversary.

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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: BONDing With NPE's - The Requirement For Security For Costs Or Expenses Under Section 1030 Of The California Code Of Civil Procedure - Sheppard Mullin Richter & Hampton

An often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the Federation of Saint Kitts and Nevis, against California residents for allegedly dealing with copyright infringing content through use of BitTorrent software.        

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United States: Telemarketers Dial Quickly - TCPA Class Action Dismissed For Now - Venable LLP

On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York entered a memorandum and order in Bank v. Independence Energy Group LLC, which sua sponte dismissed claims arising under the Telephone Consumer Protection Act, and its accompanying rules and regulations, (collectively, the "TCPA") for lack of subject matter jurisdiction.

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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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