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ABI Journal

2nd Circuit

Using Correspondent U.S. Bank Can Result in Personal Jurisdiction in U.S. Courts

Fleeting passage of money through the U.S. can bestow jurisdiction on U.S. courts.

Second Circuit May Be Trimming Back Doctrine of Equitable Mootness

Another circuit joins the trend toward limiting the doctrine of equitable mootness.

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability

The right paper trail helps avoid liability for profiting from a Ponzi scheme.

Ruling on Texas Law, New York Judge Upsets Oil and Gas Pipelines

Protections for oil and gas pipelines undermined in Sabine Oil reorganization.

Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement

Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.

Defrauded Customers Make Introducing Broker Eligible for Liquidation under SIPA

SIPC steps in to help pay claims of defrauded customers of introducing broker.

Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal

District judge reads the tea leaves on Second Circuit standard for dismissal.

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition

Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.