News & Analysis as of

High Frequency Trading

Carlton Fields

Cinch Up! AI Enforcement Starts With Washing Charges

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In March 2024, the SEC announced that it settled two cases against investment advisers Delphia (USA) Inc. and Global Predictions Inc. for making false and misleading statements about their purported use of artificial...more

Patterson Belknap Webb & Tyler LLP

The SEC Proposes a Revised Definition of “Dealer” Intended to Capture, Among Others, High Frequency Traders a/k/a “Flash Boys”

On March 28, 2022, the Securities and Exchange Commission announced proposed changes to Exchange Act Rules that would expand the scope of which market participants the SEC considers to be a “dealer” or “government securities...more

WilmerHale

10 Years On, SEC's Market Access Rule Still Lacks Clarity

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The first 10 years of the U.S. Securities and Exchange Commission's Rule 15c3-5, known as the market access rule, have been a textbook example of the principle of regulation by enforcement, resulting in an informal patchwork...more

Morgan Lewis

Algorithmic Trading: Hong Kong Monetary Authority Discusses Supervisory Expectations, Evolving Market Manipulation Risk

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The Hong Kong Monetary Authority published a circular on March 6, 2020, Sound Risk Management Practices for Algorithmic Trading, setting out its supervisory expectations and sound risk management practices on algorithmic...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

Farrell Fritz, P.C. on

As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Robins Kaplan LLP

Financial Daily Dose 1.28.2020 | Top Story: Markets Tumble as Fears Spread Over Coronavirus Epidemic

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A mounting death toll (over 106 and counting) and fears of a coronavirus pandemic sent markets tumbling early on Monday and kicked off a selloff that continued all day....more

Robins Kaplan LLP

Financial Daily Dose 5.29.2019 | Top Story: Amazon to Purge Small-Sellers

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Amazon is prepping to execute a more permanent purge on its orders to smaller, mom & pop suppliers as part of a push to “cut costs and focus on wholesale purchasing on major brands like Procter & Gamble, Sony and Lego” in an...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Even while we’ve spent that past few weeks looking back at the origins of the 2008 financial crisis a decade later, market watchers are keeping an eye on the roots of the next one that “might already be taking hold.”...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The US government is officially greenlighting fintech, with both the OCC and the Treasury Department issuing statements yesterday in support of the “emerging corner of the financial sector.” For the OCC, that means welcoming...more

McDonnell Boehnen Hulbert & Berghoff LLP

New York v. Aleynikov -- On Second Thought, New York State's Penal Code (Unlike Federal Criminal Law) Covers Electronic...

As the saying goes, hard cases make bad law. And it certainly looked improper when Sergey Aleynikov downloaded high-frequency trading ("HFT") source code as he was leaving his job as a Goldman Sachs programmer, at least to...more

Katten Muchin Rosenman LLP

Bridging the Weeks - May 2018

Two trading firms within a group structure were fined US $2 million in aggregate by the Commodity Futures Trading Commission for alleged violations of various provisions of law and CFTC rules related to their cotton futures...more

Dechert LLP

Stage Set for Second-Ever Criminal Spoofing Trial

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A judge in the District of Connecticut paved the way last month for what the U.S. Department of Justice (DOJ) has described as “the second spoofing case that will go to trial in the country.” By denying the defendant’s motion...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Affirms Class Certification Holding that Direct Evidence of Price Impact is Not Always Necessary to Demonstrate...

In Waggoner v. Barclays PLC, No. 16-1912 (2d Cir. Nov. 6, 2017), the United States Court of Appeals for the Second Circuit, in a Rule 10b-5 securities fraud action, affirmed the district court’s order granting class...more

K&L Gates LLP

Japanese Regulator Unveils New Regulatory Framework on High-Frequency Trading, Seeking Public Comments

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On May 17, 2017, the Japanese Diet passed an amendment bill (the “2017 Amendment”) to the Financial Instruments and Exchange Act of Japan (Act No. 25 of 1948) (the “FIEA”). The 2017 Amendment includes new regulation on...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Court's Remand for Clarification of Arbitration Award

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Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a court took the unusual step of remanding a case to the arbitration panel to explain the rationale behind its award. The Court made the decision because...more

A&O Shearman

Seventh Circuit Upholds First Spoofing Conviction Against High-Frequency Trader

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On August 7, 2017, the Seventh Circuit upheld the conviction of Michael Coscia, founder of Panther Energy Trading LLC, for a market manipulation tactic known as “spoofing,” under Section 6c(a)(5)(C) and 13(a)(2) of the...more

Eversheds Sutherland (US) LLP

Seventh Circuit Upholds First-Ever “Spoofing” Conviction

On August 8, 2017, a three-judge panel of the US Court of Appeals for the Seventh Circuit unanimously upheld the first-ever criminal conviction of a New Jersey futures trader for the manipulative trading practice known as...more

Orrick - Trade Secrets Group

The Saga Continues: New York’s Highest Court Will Weigh in on Aleynikov’s Fate

On April 20, 2017, the New York Court of Appeals issued a brief order continuing former Goldman Sachs programmer Sergey Aleynikov’s eight-year voyage through the state’s and country’s legal systems. Here’s the issue: does...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - SEC Adopts T+2 Settlement Cycle for Securities Transactions - On March 22, 2017, the Securities and Exchange Commission (SEC) adopted an amendment to Rule 15c6-1(a), shortening the...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Ratings Agency Moody’s Corp. has agreed to pay roughly $864 million to resolve federal and state claims that it gave juiced ratings to risky MBS in the run-up to the financial crisis. Half of the total will end up in DOJ...more

Katten Muchin Rosenman LLP

Bridging the Week - December 2016

CFTC Re-Proposes Capital Rules for Swap Dealers: The Commodity Futures Trading Commission re-proposed minimum capital requirements for swap dealers and major swap participants that are not subject to prudential...more

Morrison & Foerster LLP

Market Manipulation Using High Frequency Trading and Issues Facing Japan

Centuries ago, a classic tactic to manipulate prices in the Amsterdam Stock Exchange was to spread false rumors that incoming trading companies’ ships were full of furs and diamonds, in attempt to run up prices. Back then,...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 9.19.16

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Gretchen Morgenson and Fair Game have had a few days to reflect on the Bayer/Monsanto deal, and with that little bit of hindsight (and a lot of history), she’s not too sure that Bayer’s stockholders are going to be thrilled...more

WilmerHale

Dark Pools - The FCA’s Thematic Review

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Last month the Financial Conduct Authority (“FCA”) released a report (“the Report”) detailing the findings of its thematic review into the use of UK equity market dark pools (“the Review”). To date, the use of dark pools, and...more

Katten Muchin Rosenman LLP

SEC Approves IEX as a National Securities Exchange and Issues Interpretation To Allow IEX "Speed Bump"

As has been widely reported, the application of Investors' Exchange, LLC (IEX) to register with the Securities and Exchange Commission (SEC) as a national securities exchange has generated unprecedented interest and a fair...more

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