Wednesday, June 21, 2017

Does LIBOR Have a Future?

Committee Meets this Week to Discuss Alternative Benchmark Rates

Author: David Schwartz J.D. CPA
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Wednesday, July 27, 2016

Libor Spiked by Money Fund Rules

Libor hits a 7-year high ahead of new money fund regulations

Author: David Schwartz J.D. CPA

A recent uptick in the three-month US dollar Libor appears to be an unintended consequence of soon to be effective SEC money market fund regulations.  Approved in 2014, the regulations intended to make structural and operational reforms to address risks of investor runs in money market funds provided for a two-year implementation period.  With that period drawing to a close in October of 2016, prime money funds and their investors have been making strategic moves and investment decisions that are having knock-on effects on Libor.

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Monday, May 12, 2014

LIBOR Litigation is Far from Over for Barclays

US 2nd Circuit Court of Appeals Revives LIBOR Class Action Suit

Author: David Schwartz J.D. CPA
On April 24, 2014, the Second Circuit overturned Southern District Judge Shira Schiendlin’s May 13, 2013 dismissal of a class action federal securities lawsuit against Barclays for the bank’s role in the LIBOR rate setting scandal. In doing so, the Second Circuit Court of Appeals has revived the putative class action claims against Barclays led by the Carpenters Pension Trust of St. Louis, St. Clair Shores Police & Fire Retirement System, and the Pampano Beach Police & Firefighters’ Retirement System. The complaint alleges that the defendants participating in an illegal scheme to manipulate the LIBOR rates, and that the defendants “made material misstatements to the Company’s shareholders about the Company’s purported compliance with their principles and operational risk management processes and repeatedly told shareholders that Barclays was a model corporate citizen even though at all relevant times it was flouting the law.”
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Monday, April 14, 2014

Anti-Trust Ruling a Setback for LIBOR Plaintiffs

Plaintiffs Seeking Remedies Under Anti-Trust Statutes May Have to Change Tactics

Author: David Schwartz J.D. CPA

U.S. District Court Judge Naomi Reice Buchwald has ruled against a group of plaintiffs seeking to use the Sherman Antitrust Act to punish rate-setting banks for manipulating LIBOR. Although some of the defendant banks on the London Interbank Offered Rate panel have admitted colluding to fix the LIBOR rate, Judge Buchwald held that the harm caused by this collusion was not a result of activities prohibited by the Sherman Anti-Trust Act.

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Tags: litigation, LIBOR

Tuesday, November 19, 2013

UK Appeals Court Green Lights Two Important LIBOR-Related Cases

Author: David Schwartz J.D. CPA
On November 8, 2013, a three-judge panel of the UK Court of Appeals handed down a much awaited ruling in two LIBOR-related cases. The ruling allows plaintiffs in two cases involving interest rate swap transactions referencing LIBOR to amend their claims to allege that the defendant banks made implied representations that their participation in setting the LIBOR rate was honest. In other words, the plaintiffs are now able to allege that at the time the swap transactions were entered into, the defendant banks knew or should have known that LIBOR was being manipulated, but represented otherwise.
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Tags: litigation, LIBOR

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