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Preview 2013 (UK law)
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- January 15 2013
2013 will herald some significant changes to the UK legal arena, notably in the corporate area in relation to executive remuneration and narrative
Financial services firm to disgorge profits from use of derivatives to facilitate anti-competitive behaviour
- Borden Ladner Gervais LLP
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- USA
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- September 19 2012
USA v Morgan Stanley (SDNY, 7 August 2012) represents the US government’s first successful attempt to get a financial services provider to disgorge profits made from derivatives transactions that facilitated anti-competitive behaviour
Seventh Circuit dismisses Clayton Act Section 8 derivative case
- Paul, Weiss, Rifkind, Wharton & Garrison LLP
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- USA
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- June 20 2012
In a recent decision, the Seventh Circuit sharply limited the ability of shareholders to bring derivative suits for possible violations of section 8 of the Clayton Act, 15 U.S.C. 19 (2006), which prohibits interlocking directors and officers between competitors
Financial services report, spring 2012
- Morrison & Foerster LLP
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- USA
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- April 2 2012
A huge solar storm hit this winter, dumping enough energy in two days to power every residence in New York City for two years
Here we go again: another attempt at recovery for ratepayers resulting from KeySpan-Morgan Stanley swap
- Bracewell & Giuliani LLP
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- USA
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- January 12 2012
Another class action lawsuit has been filed against KeySpan Corporation and Morgan Stanley Capital Group Inc. (Morgan Stanley), claiming damages for antitrust violations resulting from an allegedly illegal swap agreement that allowed KeySpan to manipulate energy prices in the New York City electric generating capacity market, see Konefsky et al. v. KeySpan Corp., et al., Case No. 1:12-cv-00017
Morgan Stanley to disgorge profits earned from anticompetitive derivative agreements
- Hogan Lovells
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- USA
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- December 9 2011
On 30 September 2011, the Department of Justice (DOJ) announced a settlement with Morgan Stanley, describing it as a "signal to the financial services community that use of derivatives for anticompetitive ends will not be tolerated."
For the first time, a court sanctions disgorgement remedy for Sherman Act violation
- Bracewell & Giuliani LLP
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- USA
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- February 9 2011
On February 2, 2011, the United States District Court for the Southern District of New York entered a Final Judgment relating to a settlement reached with KeySpan Corporation ("KeySpan") of a Department of Justice ("DOJ") Complaint regarding certain activity allegedly engaged in by KeySpan in the electric generating capacity markets in New York City (the "Order"
DOJ breaks new ground in market manipulation case
- Greenberg Traurig LLP
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- USA
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- September 13 2010
For the first time, the Antitrust Division of the U.S. Department of Justice (DOJ) is seeking disgorgement of profits earned by a defendant as a remedy in an alleged Section 1 Sherman Act market manipulation case
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