Prescription Issues Limit Louisiana Investor’s Claims Against Broker-Dealer: Patin v. Aegis Capital Corp.
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By Jack D. Ballard

*When a brokerage account loses half of its value, the account holder is put on notice of the need to investigate the reason for the loss.

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Securities Suit Settlement Agreement Unsettles Underwriter Indemnifier: Long Beach Securities Corp. v. NCUAB
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By Ben Suter

*A clause of a settlement agreement that protects a party against a third party who “successfully asserts” a claim requires more than voluntary settlement of that claim.

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Prior Guilty Plea Helps Cement Broker’s Fate in Rule 10b-5 Civil Action: Charney v. Wilkov
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By Jill I. Gross

*Where third parties’ criminal conduct is a foreseeable consequence of a broker’s negligent due diligence and misrepresentations,

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Unsuitability Ruled Unsuitable for a Rule 10b-5 Action: Robertson v. MetLife Securities
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By Jill I. Gross

A recommendation of an unsuitable security cannot be the basis for a federal securities fraud claim,

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A Ponzi Scheme and Insurance, Ownership and Loss (or Lack Thereof): Cooper Industries, Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa.
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By Jack D. Ballard

*An investor who loans money in exchange for a promissory note ceases to own the money loaned.

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Fraud Case Fails to Implicate Prevailing Party Attorney Fees Contract Clause: Stella v. Asset Management Consultants, Inc.
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By Ben Suter

A contract provision authorizing an award of attorney fees and costs to the prevailing party in an action to “enforce” the contract does not apply where the suit alleges fraudulent misrepresentations and does not assert a cause of action “on the contract” that authorizes the award of attorney fees and costs.

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