On May 23, 2016, the Second Circuit Court of Appeals vacated a judgment which dismissed antitrust claims against 16 big banks.  The plaintiffs’ claims arose from the alleged manipulation of what has been called “the world’s most important number”—the London InterBank Offered Rate (“LIBOR”), a primary benchmark for global short-term interest rates.  According to the

Multinational companies face difficult interactions with the US Court system – and vice versa.  Professor Verity Winship has a piece at CLS BlueSky Blog covering this issue, including the application of personal jurisdiction to multinationals in light of Daimler v. Bauman.   Amiad Kushner and Richard Bodnar previously covered Daimler and some progeny in the Westlaw

On March 14, almost six months after Volkswagen AG (“VW”) admitted to installing software in its diesel vehicles to cheat emissions testing, VW was hit with a $3.6 billion lawsuit in Germany.  The case was filed in Braunschweig on behalf of 278 institutional investors, including investors from Australia, Austria, Canada, Denmark, France, Italy, Japan, Luxembourg

On March 11, 2016, a New Jersey Appellate Court affirmed the lower court’s finding that four hedge funds could not reach American Oriental Bioengineering Inc.’s shares in Aoxing Pharmaceutical Co. Inc., another drug company, to satisfy the funds’ $21 million default judgment. The court ruled that “actual seizure of certificated shares is required before a

Companies engaged in the capital markets are at risk of claims and lawsuits alleging investment mismanagement and other misconduct.  For this reason, they typically purchase directors and officers liability (“D&O”) insurance policies to provide a defense against, and indemnification for, allegations of wrongful acts in the course of their delivery of financial services.  To ensure

The Second Circuit affirmed dismissal of Commerzbank AG’s fraud claims concerning a collapsed structured investment vehicle against Morgan Stanley on February 23.  Commonwealth of Pennsylvania Pub. Sch. Employees’ Ret. Sys. v. Morgan Stanley & Co., No. 13-2095-CV (2d Cir. Feb. 23, 2016).

The case has had a rather convoluted procedural history.  Commerzbank brought the

The International Chamber of Commerce (ICC) has recently announced two major decisions.  First, for cases registered on and after January 1, 2016, the Court will now publish on its website the names of the arbitrators sitting in ICC cases, their nationality, whether the appointment was made by the Court or by the parties, and which