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In this diversity action, plaintiffs seek to hold defendant Lloyds TSB Bank, PLC ("Lloyds" or "the Bank") responsible for its alleged role in connection with a massive "pump and dump" scheme perpetrated by two corporate insiders of a software company, who fraudulently inflated the company's value and then sold their shares and funneled these funds through banks in Switzerland and elsewhere. §§ 77, 78 ("SLUSA"); and (3) failure to state a claim upon which relief may be granted pursuant to Fed. In this motion defendant seeks to dismiss the complaint on three separate grounds: (1) forum non conveniens; (2) preemption of the claims by the Securities Litigation Uniform Standards Act, 15 U.
While it appears that English courts had jurisdiction to grant Mareva injuctions over foreign assets it has been the practice to limit such orders and ancillary disclosure orders within the jurisdiction.
FBS was established over 25 years ago and has served as an investment platform for Oil & Gas, Real Estate & Private Equity Investments. Briones was appointed Chief Financial Officer on August 15, 2013. Briones has acted as the managing member of Brio Financial Group, LLC, a financial reporting consulting firm. Briones managed the public company and hedge fund practices at Bartolomei Pucciarelli, LLC (“BP”).
FBS’s original mandate was to make real estate acquisitions from the Resolution Trust Company (during the Southwest S&L bailouts). Continued Fred Zeidman has served as Chairman of the Board of Directors of Petroflow Energy Corporation since September 2011. Zeidman has also served as a director of Hyperdynamics Corporation since 2009 and as a director of Prosperity Bancshares, Inc. He served as trustee for the Aremis Soft Liquidating Trust since 2004.
Whether the trust is the product of a bankruptcy plan or a state law plan of dissolution, certain factors must be considered. Section 1123(b)(3)(B) of the Bankruptcy Code allows this prospect to be avoided.
To find out more, Lawyer Monthly hears from Ashley B. It states that a plan may provide for the retention and enforcement by the debtor, by the trustee, or by a representative of the estate appointed for such purpose, of any such claim or interest.