Alpern and Brian Guillorn, New York, NY, of counsel), for Plaintiff-Appellant. Two purchase agreements between PSINet, a provider of Internet and e Commerce services, and certain of the defendants-all investment dealers based overseas-provided for those defendants to initially purchase unregistered senior notes at a discount of over 2% of the purchase price and to then resell them to qualified ultimate purchasers at the full purchase price. (“PSINet”), in connection with the 1999 purchase and resale of debt securities issued by PSINet. That statute provides in relevant part: No person shall, directly or indirectly, take or receive more than fifty cents for a brokerage, soliciting, driving or procuring the loan or forbearance of one hundred dollars, and in that proportion for a greater or less sum ․N. Complete diversity exists between plaintiff and these foreign defendants. However, plaintiff has alleged no facts to support its contention that these transactions were loans, either in substance or in form. Neither this court nor the New York Court of Appeals has addressed whether section 5-531 could apply to a sale of debt securities such as occurred in this case. Once your search results come up, you can narrow your search by court, case, judge or year — and you can flip between court document, docket entry, or case name results.Before OAKES and CABRANES, Circuit Judges, and MUKASEY,1 District Judge. The agreements contemplated the involvement of the other defendants (domestic affiliates of the defendant-parties to the agreements) in the resale. The District Court denied plaintiff's subsequent motion for leave to file an amended complaint and for dismissal without prejudice of the claims against the New York defendants. He is a member of the firm’s Bankruptcy & Business Reorganizations Practice and Energy Industry Team. His practice concentrates on corporate and financial restructuring, business solutions, bankruptcy litigation, secured transactions, corporate governance, mergers and acquisitions, and debtors’ and creditors’ rights. Bernard represents debtors, creditors, buyers, financial institutions, contract counterparties, trustees and official and ad hoc committees in large-asset bankruptcies, out-of-court workouts and adversary proceedings. Bernard’s experience spans numerous industries, including energy, aviation, retail, manufacturing, telecommunications, financial services, heavy industry, real estate and hospitality. D., , from the University of Miami School of Law and his B. in economics from Columbia College, Columbia University.
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He also serves on the board of directors for the New York chapter of the Turnaround Management Association (TMA). Bernard is admitted to practice in New York; Connecticut; Florida; and before the U. District Courts for the Eastern District of Michigan; Southern, Eastern, and Northern Districts of New York; Southern, Middle and Northern Districts of Florida; District of Connecticut and the U. Court of Appeals for the Sixth and Eleventh Circuits.
Mark, United States Bankruptcy Court, Southern District of Florida. Bernard has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.
Daniels, Judge, denied plaintiff's motion to remand and dismissed the complaint as to all defendants.
Plaintiff timely appealed each of the District Court's judgments dismissing the complaints, and the two appeals were consolidated. The purchase agreements also contemplated the re-sale of the notes in a separate transaction between defendants and another set of principals, the qualified institutional buyers. The three defendants with New York as their principal places of business are Bear Stearns & Co., Inc., Chase Securities Inc., and Donaldson, Lufkin & Jenrette Securities Corp.