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Alternative Market Briefing

Bulldog team not ready to roll over for Massachusetts Secretary of State William Galvin

Thursday, July 29, 2010

From Kirsten Bischoff, Opalesque New York:

According to the American Kennel Club, bulldogs are equable and kind, resolute and courageous, and their demeanor should be pacific and dignified. Phil Goldstein, Founder of New Jersey-based, activist hedge fund firm Bulldog Investments showed just how resolute his firm is about continuing to fight the $25,000 fine imposed on the firm by Massachusetts Secretary of State Galvin.

Opalesque has learned that after their appeal to the state Supreme Court was rejected, Bulldog has had their legal team at Good & Cormier submit a petition for rehearing. The team has requested that the court withdraw its opinion until the Civil Rights Action filed by Bulldog reaches the Court, as it addresses some of the issues the State Supreme Court cited in its rejection of the appeal.

In 2007, Galvin charged Bulldog Investments with providing information on their fund to non-credited investors in Massachusetts by making information about the fund available on the firm’s website.

In this most recent petition the firm maintains that "No Massachusetts law was invoked by sending the email in question. A solicitation in response to an inquiry initiated by a forum state cannot alone suffice as a basis for personal jurisdiction where no harm and no benefit resulted from the email." This argument will be before the court during th......................

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