JOINDER , TO' BRIEFS^JN^ JfMKjgCnKfflL
RESPONDENTS -^f¥99l^^tf#PSto ADVISORS-' JLLC, ->^CESS >;jIN^jR^p
ADVISORS tUROPE;i:i]NflTCpKAGCE^^] /STTTSSF.Y C*& L. '--.• 'VtACCESS -; vj$MS0*AGE»
ENTRINGER,;^CCESS^ARTPi[ERS S7A^epresen
by its Liquidatbr^TR^^ PATRICK LITTAYE, ;CLAyDINE.,^GpN^DEm^|^f(^
VILLEHUCHET' ^^/.CLAUp^-^H^j^S^^f*f VILLEHUCHET) in her capacity as Executrix under tthe*
Will Of THIERRY MAGON DE LA JVILLEHIXHET (A^AvRENfeTHl|feR^ri7-- ^-——
\
A
+{ '^
. .^AUDINE^GONjDE^^
>' V,fJ^JBHS -"•-V^.'L
... i'
* t
, '»'/"^».'V.'?"5S,< *>*!$*** IS"8*"*"
"- r
n-fjp;
, . *«#••«Jsl-
•?*
^Si
QUESTIONS PRESENTED 1.
Whether
the
Investor
Securities
Protection Corporation, upon making trustee appointed under the
advances to a Securities Investor
Protection Act ("SIPA") to pay customer claims
against
a failed
brokerage's
becomes
esitate,
subrogated to customers' common-lavjr claims against third parties, even though SIPA provides for only a narrow subrogation right against the estate. 2.
Whether a SIPA trustee may assert
contribution claims to recover payments to customers mandated by SIPA, even though
SIPA does not
provide for such claims, and even though there are no state-law contribution claims her^ to "preempt" because the courts below held that New York law
provides no contribution rights in this case; and whether, by failing to raise it b^low petitioner waived
his
novel
argument
that
under
a
"preemption" analysis, he may assert such claims. 3.
Whether,
contrary
to
this
Court's
decision in Caplin v. Marine Midland Grace Trust Co. of New York, 406 U.S. 416 (19^/ 2), and uniform decisions of the Courts of Appeals, $ection 544(a) of the Bankruptcy Code confers standi|n g upon a SIPA trustee to assert common-law claiins belonging to individual customers; and whether by expressly abandoning it below, petitioner waited his argument
that Section 544(a) confers such standing
11
CORPORATE DISCLOSURE STATEMENT Pursuant
to this
Court's
EAile
29.6,
the
respondents hsted below (the "Access Respondents") state that:
Ap.rp.ss Inter™ Q+*""a1 Advisors LLC
Access International Advisors LLC has one
corporate parent, Access International Advisors Inc., and no publicly held corporation owns 10% or more of its stock.
Access International Advisors Europe Limited Access International Advisors Europe
Limited no longer exists and, therefore, it has no parent corporation. No publicly herd corporation owns 10% or more of its stock.
Access Pgrt-nP.ra (Suisse) S.A
Access Partners (Suisse) SA, in liquidation,
has one corporate parent, Access Participation
(Luxembourg), and no publicly helc^ corporation
owns 10% or more of its stock. Apppss Management Luxembourg S.A.
Access Management Luxem bourg SA has one
corporate parent, Access Partners SA, and no
publicly held corporation owns 10% or more of it stock.
Access Partners S
Access Partners SA has no :orporate parent,
and no publicly held corporation owns
10% or more
of its stock.
Grouperr"*"* Financier Ltd
Groupement Financier Ltd a fund, does not have a parent corporation. No publicly held
corporation owns 10% or more of its stock.
STATEMENT OF THE CASE Petitioner seeks review of the Second Circuit's
holding that a trustee of an insolvent broker-dealer appointed under the Securities Investor Protection Act of 1970 ("SIPA"), Pub. L. No . 91- 598, 84 Stat. 1636, 15 U.S.C. § 78aaa et seq., lacks standing to assert claims against third parties that, under this Court's settled authority, belong o the broker's creditors, not to the broker's insolvent estate. This conclusion, about which there is no dispute among the Courts ofAppeals, does not mer^t review by this Court.
JOINDER
None of the questions presented in the petition warrants review by this Court. To avoid duplication, the Access Respondents hereby join in all parts of the accompanying briefs in opposition filed by: (i) the JPMorgan and UBS respondents, and (ii) the HSBC and Unicredit respondents, including but not limited to the legal argument and conclusions made therein.
CONCLUSION
For the foregoing reasons, the C(J)urt should deny the petition for a writ of certiorari. Respectfully submitted, Anthony L. Paccione
Counsel ofRecord Katten Muchin ROSENMAN LLP| 575 Madison Avenue
New York, New York 10022
[email protected] Counselfor AccessInternational Advisors LLC, Access International Advisors Europe Limited, Access Partners (Suisse)
S.A., Access Management Luxembourg S.Jf.
(f/k/aAccess International Advisors (Luxembourg) S.A, , Access Partners S.A., Pierre Delandmeter, and Groupemetkt Financier
December 16, 2013