2017 Derivatives Litigation Roundup
Friedman Kaplan partner Anne E. Beaumont has authored an article in the Futures and Derivatives Law Report summarizing notable cases and general trends in derivatives litigation in 2017.
In the article, Ms. Beaumont discusses notable cases such as Good Hill Master Fund L.P. v. Deutsche Bank AG and BDC Finance LLC v. Barclays Bank PLC, summarizing their details, highlighting important points, and offering takeaway considerations for derivatives market participants and legal practitioners. She outlines other derivatives-related litigation activity in 2017 including the waning of disputes related to the Lehman Brothers bankruptcy, the progress of class actions relating to alleged manipulation of financial benchmarks and anticompetitive conduct, and decisions confirming settled principles of law regarding the prerequisites for challenging a margin call in court, the propriety of Early Termination payments on a swap upon prepayment of an associated loan, and the enforceability of contractual non-reliance provisions.