Futures Commission Merchant – NFA Arbitration

Successful defense of an FCM and associated persons in an NFA arbitration brought by a customer alleging that trading losses resulted from the alleged improper conduct of various associated person. Obtained a confirmation of the arbitration award in favor of our clients.

Executive Compensation, Employment and Separation Agreements

Organizations and senior executives in the negotiation and drafting of executive employment, compensation and separation agreements.

Global Commodities Trading Firm – NFA Arbitration

Secured the dismissal of all claims against one of the world’s largest commodities trading firms in an arbitration initiated by a customer and brought before the National Futures Association.  Asserting claims of common law fraud, fraud under the Commodity Exchange Act, gross negligence, breach of contract, and breach of fiduciary duty, the customer claimed that it suffered millions of dollars in trading losses allegedly caused by the firm’s negligence in operating an electronic trading platform and related misrepresentations by the firm.

Employment Discrimination Claims

Organizations in defending employee claims of discrimination brought before the New York Division of Human Rights, and the New York City Commission on Human Rights.

Executive – Restrictive Covenant Claims

Successful defense of an executive against claims by his former employer, a multinational technology and consulting corporation, seeking to enforce a 12-month non-competition agreement following our client’s resignation to pursue a position with a competitor. After three weeks of intensive expedited discovery, and in the midst of an evidentiary hearing on a motion for a preliminary injunction, the parties were able to reach a confidential settlement that allowed the client to join his new employer within 40 days of the suit's filing.

Private Bank – Restrictive Covenant Claims

Secured a temporary restraining order and preliminary injunction on behalf of an international private bank to enforce non-competition and non-solicitation restrictive covenants against a team of private bankers, responsible for $4 billion in assets, who breached obligations when they resigned en masse to join a competing bank. Following an evidentiary hearing, the court fully enforced the restrictive covenants and enjoined the defendants until the expiration of the non-competition and non-solicitation periods.

Agricultural Commodities Specialist – Restrictive Covenant Claims

Advised a leading agricultural commodities specialist on the recruiting and hiring of an executive subject to a 12 month non-competition agreement from his former employer, a leading provider of over the counter derivatives products.

Compliance Director – CFTC Investigation

Represented a futures compliance director in connection with a Commodity Futures Trading Commission investigation into exchange for related positions trades (EFRPs).

Futures Commission Merchant – Class Action

An FCM in a class action lawsuit defending against claims alleging that the firm engaged in, or assisted, a scheme to manipulate the prices of palladium and platinum futures contracts traded on NYMEX.

Futures Commission Merchant – Fraud Claims

Represented a Futures Commission Merchant ("FCM") in defending claims filed in federal court alleging that a former employee of the FCM assisted the employees of a bank to overvalue the bank's over-the-counter natural gas options book. Damages in excess of $500 million were sought.

Futures Commission Merchant – Bankruptcy Trustee Claims

Defense of two FCMs  against fraudulent transfer claims asserted by a Bankruptcy Trustee seeking to recover funds deposited into trading accounts of the debtor, which ran a Ponzi scheme.

Futures Commission Merchant – NFA Investigation

Defense of an FCM in an NFA investigation of a customer, which ran a Ponzi scheme, including compliance with Anti-Money Laundering regulations and internal policies.

Brokerage Firm – Former Employee Claims

An FCM in federal court defending against a broker's claims seeking to recover commissions and compensation arising from alleged breaches of an employment contract.

Brokerage Firm – Restrictive Covenant Claims

A brokerage firm in enforcing common law and contractual obligations against a former employee who removed confidential and proprietary information from the firm.

Futures Commission Merchant – Software License Dispute

A futures commission merchant in an arbitration brought by a software developer to recover fees allegedly owed for the use of a platform to support OTC brokers in the fixed income and derivative markets.

Futures Commission Merchant – Commodities Fraud Claims

Obtained the dismissal with prejudice of federal and state court complaints asserted against an FCM by investors in a commodity pool who alleged that the FCM aided and abetted a Ponzi scheme perpetrated by the pool operator.

Rogue Employee – CFTC and CME Investigations

Conducted an internal investigation into massive trading losses incurred by a rogue employee of a futures commission merchant, and represented the FCM in connection with investigations into the conduct by the CFTC and CME.