The last decade has seen an increase in both the quantity and the financial stakes of litigation involving potential antitrust violations in financial markets. From the LIBOR litigations to interest rate swaps and foreign exchange, Bates White has been involved in investigations and litigation by regulators, class action lawsuits, and direct action plaintiff litigation. Our collaborative approach draws on experts and expertise from multiple disciplines, equipping our clients with comprehensive solutions to their regulatory and litigation needs and creating a truly customized and economically solid analysis.
Bates White provides independent, objective, and rigorous analysis both for consulting and for expert work. We help our clients at every stage of the litigation process. Our experts have assisted regulators in their investigations of potential misconduct and helped them shape their findings into complaints. We have also assisted class action and direct action plaintiffs in evaluating potential damages and assisted them from the pre-complaint stage all the way to litigation and settlement support.
- In re LIBOR-Based Financial Instruments Antitrust Litigation. B. Douglas Bernheim provided expert testimony on behalf of a class of over-the-counter plaintiffs—the OTC class—in In re LIBOR-Based Financial Instruments Antitrust Litigation.
- Direct action plaintiff support. Routinely advise clients about potential damages from alleged market behaviors and the costs and benefits of opting out from class action litigation and filing direct actions. Consult with clients to advise them, when a class settlement is reached, on the costs and benefits of opting out of the class.
- Foreign exchange antitrust litigation
- Provided consulting work and expertise to a regulator in its investigation and eventual complaint and trial regarding trading in foreign exchange markets.
- Advised large foreign exchange trading financial institutions regarding potential damages from alleged manipulation in foreign exchange markets and advised on the best course of action.
- Treasuries securities antitrust litigation. Analyzed Treasuries auctions and trading of treasuries in when-issued and over-the-counter markets.
- Interest rate swaps antitrust litigation. Analyzed potential damages associated with the alleged antitrust violation in the interest rate swaps market.
- Credit default swaps antitrust litigation. Advised clients that were considering opting out of the credit default swap settlements on their best course of action, and provided consulting to another opt-out client in its mediation with the defendants in the case.