Stock Loan Lowdown: Credit Suisse Settlement Update

Stock Loan Lowdown: Credit Suisse Settlement Update

briefing in Iowa Public Employees’ Retirement System et al. v. Bank of America et al., 17-cv-6221 (KPF) (SDNY). (And if you weren’t around, click this link for a catch-up!) Between ongoing discovery and sealed briefing, we haven’t had much to update recently. That changed last week with the filing of a motion to preliminarily approve a settlement agreement with the Credit Suisse Defendants. Continue reading Stock Loan Lowdown: Credit Suisse Settlement Update

Stock Loan Lowdown: Class NOT Dismissed

Stock Loan Lowdown: Class NOT Dismissed

Counsel for Iowa Public must have gone home happy on September 27th, as the long-awaited motion to dismiss decision could hardly have played out more favorably for them. With the caveat that “it remains to be seen whether Plaintiffs’ factual allegations will be born out in discovery,” Judge Failla rejected each of Defendants five bases for dismissal and denied their 12(b)(6) motion. Continue reading Stock Loan Lowdown: Class NOT Dismissed

Stock Loan Lowdown, Part Two:  To Dismiss or Not to Dismiss?

Stock Loan Lowdown, Part Two: To Dismiss or Not to Dismiss?

It’s time to dig in to the defenses put forward by the Prime Broker Defendants in their motion to dismiss papers, filed back in January 2018. Defendants’ arguments cover four main topics: first, Plaintiffs failed to adequately allege a violation of the Sherman Act; second, Plaintiffs lack antitrust standing; third, Plaintiffs’ claims are time barred; and fourth, Plaintiffs have failed to state a claim for unjust enrichment. Continue reading Stock Loan Lowdown, Part Two: To Dismiss or Not to Dismiss?