Tuesday, December 1, 2015

Swap Dealers Sued as Monopolists

Author: David Schwartz J.D. CPA

On November 25, 2015, the Chicago Public School Teachers’ Pension and Retirement Fund and other institutional investors filed a class action lawsuit in federal court alleging that ten of the world’s largest investment banks conspired to rig the lucrative interest rate swaps market.  The suit filed in the U.S. District Court in Manhattan accuses the investment banks of violating federal antitrust laws by colluding to create an anti-competitive stranglehold over the market for interest rate swaps for their own profit.  Plaintiffs say the ten defendant banks, Goldman Sachs Group, Bank of America Merrill Lynch, JPMorgan Chase, Citigroup, Credit Suisse Group, Barclays Plc, BNP Paribas SA, UBS, Deutsche Bank AG, and the Royal Bank of Scotland worked together to prevent the trading of interest rate swaps on electronic exchanges, creating a monopoly, and extracting millions of dollars in overpayments from trading clients.

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Wednesday, September 17, 2014

Bank Directors May Find Themselves With a Heightened Standard of Care

To What Extent Should Regulators Dictate How Bank Boards Oversee Risk?

Author: David Schwartz J.D. CPA
A recent address by Federal Reserve Governor Daniel Tarullo has raised the specter of expanded fiduciary duties for bank directors.  Referencing a recent academic paper proposing a simple negligence standard for expanded board oversight responsibility for risk-taking by systemically important financial institutions, Mr. Tarullo discussed how the nature of finance and financial regulation affects corporate governance and why, in turn, special corporate governance measures are needed as part of an effective prudential regulatory system.
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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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Tuesday, December 3, 2013

Despite Uptick in Settlements Financial Crisis Litigation is Far From Over

Study finds that settlement activity is up, but the end is not in yet sight.

Author: David Schwartz J.D. CPA

The financial crisis has given rise to record numbers of law suits.  But six years on, are we seeing the end of this litigation frenzy?  In an effort to answer this question, Fatan Sabry, Eric Wang, and Joseph Mani of NERA Economic Consulting have surveyed existing cases, settlement trends, and new filings looking for trends.  In an October 2013 publication, “Credit Crisis Litigation Update: It is Settlement Time,” the three authors take a quantitative look at recent trends in settlement activity, review some major settlements in credit crisis litigation, examine current trends in filings, and discuss mortgage settlements related to repurchase demands by mortgage sellers and Fannie Mae and Freddie Mac.  While the study finds that the pace of new filings has slowed, and the size and number of settlements has increased, litigation arising from the financial crisis “far from over,” according to the authors.

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