News & Analysis as of

Private Right of Action Price Manipulation

A&O Shearman

Second Circuit Holds That Commodities Exchange Act Antifraud And Private Right Of Action Provisions Do Not Apply...

A&O Shearman on

On August 29, 2019, the United States Court of Appeals for the Second Circuit affirmed the dismissal of an action under the Commodities Exchange Act (“CEA”) alleging that defendants manipulated the foreign benchmark for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Morgan Lewis

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

Morgan Lewis on

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

McDermott Will & Emery

CFTC Proposes Reversing Course, Granting Private Right of Action in Energy Market Manipulation

McDermott Will & Emery on

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private right of action to enforce violations of the anti-manipulation, anti-fraud or...more

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