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J.P. Morgan Chase precious metals markets rigging lawsuit paused

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How Ex-JP Morgan Silver Traders Guilty Plea Could Boost Manipulation Suit

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JP Morgan Can't Duck FINRA Arbitration, 3rd Circuit Says

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The Erosion of American Pipe Tolling

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Tax Qui Tams Reach Maturity


New York's False Claims Acts allow individuals to pursue qui tam wh [more]

Cigarette Kickbacks are Burning Small Distributors

New York Post
February 26, 2018

By John Crudele

Here's a tip: When you are giv [more]

Small cigarette wholesales accuse large companies of violating state tax laws

Published by on Wednesday, February 7, 2018

ALBANY -- A lawsuit filed this w [more]

FCA Memo No Proof Of New DOJ Direction On Dismissals

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U.S. Company Settles Whistleblower Lawsuit, Pays for Importer's Customs Fraud

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Tax Nonfilers Face Potential Liability Under New York FCA

By Randall Fox and Adam Pollock
December 21, 2017

A recent, little-noticed decision in [more]

FCA Cases Protect Claims by Relying on NY's Favorable Pleading Standard

By Adam Pollock and Randall Fox, New York Law Journal
August 16, 2017.

Fraud-related cl [more]

Trade Enforcement under Trump Likely to Involve Expanded Use of U.S. Whistleblower Statute

KM Partner Mark Strauss published an article in Supply and Demand Chain Executive regarding the use [more]

Expect Increased Use of Whistleblower Law Under Trump

KM Partner Mark Strauss authored the attached editorial for Global Trade Magazine regarding whistleb [more]

What If The Government Says A False Claim Isn't False?

By Mark Strauss, Kirby McInerney LLP
Law360, New York (November 28, 2016) -- The anti-fra [more]

6 Years of Tax Qui Tams in New York

by Randall M. Fox

In this viewpoint, Fox looks back at six years of New York tax enforce [more]

Qui Tam Plaintiffs' Bar Expects Increase in New York Whistle-Blower Cases

Bloomberg BNA
Daily Tax Report
December 29, 2015.

Bloomberg BNA quoted KM par [more]

Tax Fraud and the FCA: 4 Takeaways From NY's Sprint Ruling

To view the article, please click on the link to the right under Accompanying Documents. [more]

Presenting a False Claims Act Case: Back to Basics

By offering incentives to report on fraud, the False Claims Act creates a public-private partners [more]

Qui Tam Troubles, Part IV: Does New York Have the Answer?

This is the final article in a series on qui tam suits. The first two discussed suits in Illinois th [more]

The Case for Qui Tam Tax Claims: Former New York Attorney General Bureau Chief Randall Fox Tells Why States Should Lift Their Bar

On June 6, 2014, Bloomberg BNA published its interview with partner Randall M. Fox, former New York [more]

Hess, Mercuria Units Added to Brent Crude Price-Fixing Lawsuit

April 30, 2014 - Mercuria Energy Group Ltd. and Hess Corp. (HES:US)'s oil trading businesses were ad [more]

Kirby McInerney Adds N.Y.'s Ex-Top Whistleblower Lawyer

On April 8, 2014, Bloomberg reported the addition of new partner Randall Fox to Kirby McInerney. Mr. [more]

Kirby McInerney Partner, David E. Kovel, Quoted in Financial Times Article on Forex Class Action Lawsuit

On April 6, 2014, The Financial Times quoted partner David E. Kovel on the global foreign exchange r [more]

Kirby McInerney to Lead Brent Crude Manipulation Case

Feb 21, 2014 - Kirby McInerney LLP was selected to act as lead counsel in litigation over alleged ma [more]

Brent Crude Traders Claim Proof BFOE Boys Rigged Market

November 06, 2013 - Four longtime traders in the global oil market claim in a lawsuit that the prices for buying and selling crude are fixed -- and that they can prove it. [more]

S'pore Pinnacle Notes investors join class action

October 22, 2013 - THOUSANDS of Pinnacle Notes retail investors in Singapore are now part of a US$154.7 million class-action suit brought against Morgan Stanley in New York after the US federal court last week gave the green light. [more]

Kirby McInerney Named to The National Law Journal's Plaintiffs' Hot List

October 21, 2013 - New York-based Kirby McInerney can punch above its weight in securities litigation for plaintiffs. Since January 2012, the 22-lawyer firm has helped secure settlements of more than $750 million for plaintiffs against Citigroup Inc. and National City Corp. [more]

Kirby McInerney Profiled in Law360's Most Feared Plaintiffs Firms list

October 10, 2013 - Powered by a hard-hitting securities practice that took in nearly a billion dollars for its clients last year, Kirby McInerney LLP has recently racked up an impressive series of wins, including the landmark $590 million settlement of a securities class action targeting Citigroup Inc., earning it a spot on Law360's Most Feared Plaintiffs Firms list. [more]

Kirby McInerney Named "Most Feared Plaintiffs Firm" by Law360

October 4, 2013 - Law360 has named Kirby McInerney LLP one of its “Most Feared Plaintiffs Firms.” The main factor considered in selecting the firm was KM’s performance in high-profile, complex cases between July 1, 2011, and July 1, 2013. [more]

Force-Placed Suit Against GMAC May Proceed, Judge Rules

October 1, 2013 - A lawsuit that accused GMAC Mortgage of taking kickbacks and overcharging homeowners on force-placed insurance policies has survived a motion to dismiss. [more]

GMAC Force-Placed Insurance Class Action Gets Judge's OK

September 30, 2013 - A New York federal judge on Monday upheld a racketeering class action targeting kickbacks Balboa Insurance Co. allegedly paid to GMAC Mortgage LLC for force-placing hazard insurance policies, saying the lender may have gouged borrowers when demanding reimbursement for coverage. [more]

Kirby McInerney's Andrew McNeela Named Law360 Rising Star

March 12, 2013 - Standout Kirby McInerney LLP partner Andrew McNeela has helped secure more than $830 million in settlements in securities fraud class actions in the last 18 months alone, landing him a spot among Law360's five class action rising stars under 40. [more]

Shifting Blame Muddles S&P Suit

February 15, 2013 - Like many other collateralized debt obligations, Delphinus CDO 2007-1 got a triple-A rating and then defaulted within months, causing painful losses to investors. Who is responsible for the mess? [more]

Proposed IRS Whistleblower Rules Could Undermine FATCA, Critics Argue

February 12, 2013 - The U.S. Treasury has weathered complaints over the reach of the Foreign Account Tax Compliance Act, which aims to prevent international tax evasion, but some critics say the law could be weakened by changes to whistleblower rules proposed by another bureau of the department: the Internal Revenue Service. [more]

The British Government’s Response to LIBOR Manipulation Takes Shape

PERSist, Winter 2013 - LIBOR (the “London Interbank Offered Rate”) is the world’s primary benchmark for short-term interest rates, providing the settlement rate for well over $300 trillion in financial products of various types. [more]

Banks Too Big to Jail? Lawyers Say Lenders above the Law

December 14, 2012 - The criminal prosecution of investment banks is too difficult to take on, high-profile attorneys have told IBTimes UK, echoing a similar sense of unease that has troubled regulators and lawmakers as they debate the overhaul of the global financial markets. [more]

UBS Is Reported to Be Near a Deal on Rate Rigging

DECEMBER 2, 2012 - UBS, the Swiss banking giant, is close to reaching settlements with American and British authorities over the manipulation of interest rates, the latest case in a multiyear investigation that has rattled the financial industry and spurred a public outcry for broad reform. [more]

British Authorities to Announce Changes in Libor Oversight

LONDON - British authorities are set to announce significant changes to the interest rate at the heart of a recent manipulation scandal as they aim to improve the accuracy and reliability of the benchmark. [more]

Regulators Try to Beat Clock in Rate Probe

U.S. prosecutors are seeking more time to complete their investigation of alleged interest-rate fixing, while banks ensnared in the probe are trying to turn the clock to their advantage as they battle lawsuits claiming damages from rate-rigging. [more]

European Shareholder Activism in Global Markets Affecting Workforce Issues

June, 2009 - Workers’ rights, human rights and corporate governance are inextricably linked in today’s modern, globalized economy. In recent years, many institutional investors have come to the realization that it is in their interests as fiduciaries to seek to influence the corporate behavior of the companies in which they invest. This activism is motivated by the growing consensus that well-governed companies provide increased long-term investment returns. Further, institutional investors increasingly recognize that a company’s stakeholders include not only its shareholders, but also its employees, customers, and any other individuals impacted by the company’s activities. [more]

Burnt S'pore Investors Get Their Day in US Sun

November 3, 2011 - A group of Singapore investors of Morgan Stanley's failed Pinnacle Notes have scored a major legal victory after a US federal judge ruled that their class action lawsuit can proceed in New York. [more]

2d Cir. To Hear Case of Investors Who Trumped Morrison

You have to give the lawyers at Kirby McInerney a lot of credit. In a case called Dandong v. Pinnacle Performance, they represent a group of Singapore investors who bought complex notes issued by a Cayman Islands-based Morgan Stanley vehicle that sold the Singapore-registered securities only in Singapore, under a contract that called for disputes to be litigated in Singapore. You might think Morgan Stanley was pretty well insulated from a U.S. suit over the now-worthless notes, particularly in light of the U.S. Supreme Court's prohibition against applying U.S. securities laws to foreign-traded instruments in Morrison v. National Australia Bank. [more]

Investor Suit Against Morgan Stanley Moves Ahead

January 26, 2012 - Discovery proceedings have finally started more than a year after a group of Singapore investors sued Morgan Stanley for allegedly selling rigged Pinnacle Notes as 'safe, conservative' investments. [more]

Whistleblower-Based Actions Contribute to Ramped Up Enforcement of Anti-Bribery Statute

January 4, 2012 - The government's ramped up enforcement of the Foreign Corrupt Practices Act is being fueled by an important new source of leads: SEC whistleblowers. [more]

Investors in MF Global's 'Key Man' Bonds Have Potentially Strong Legal Claims

November 10, 2011 - Financial transactions are seldom so ironic. Barely three months ago, MF Global (MFGLQ.PK) sold $325 million in 6.25% senior unsecured bonds due August 2016. Dubbed MF's "Key Man" bonds, the issuance featured an interest rate that would rise if Chairman and Chief Executive Officer Jon Corzine received a federal appointment from the U.S. president. [more]

Morgan Stanley Must Face Lawsuit Over Failed Debt

Nov 3 (Reuters) - A federal judge ordered Morgan Stanley to defend against a lawsuit by Singapore investors that accused it of selling them risky debt that was designed to fail. [more]

Access To United States Courts By Purchasers Of Foreign Listed Securities

Please click on the link to the right for the complete article. [more]

The S.E.C.'s New Whistleblower Program, Which Takes Effect August 12th, Should Help it Get Ahead of Scandals Rather than Playing Catch-up. But Will Budget Cuts Impair its Ability to Follow up on Tips?

NEW YORK, Aug 1, 2011 - Law enforcement authorities have long relied on cash rewards to induce tipsters to report wrongdoing. The S.E.C. is finally trying to get in on the act. [more]

Morgan Stanley Wants Sing-a-poor to Disappear

April 21, 2011 - Morgan Stanley is trying hard to keep a potentially embarrassing lawsuit, filed on behalf of a group of Singapore investors, from being heard in the US. [more]

Fund Sues Big Banks, Alleging Libor Harm

April 20, 2011 - A Vienna hedge fund alleges that it was harmed in the derivatives market when some of the world's biggest banks manipulated a key benchmark interest rate, according to a lawsuit filed Friday in New York federal court. [more]

The Coming New Age Of Whistleblower Lawsuits

November 8, 2010 - Those who have charged the Obama administration and Congress with being hostile to free-market enterprise may take heart from a nugget in the bill. Deep within its thousands of pages it encourages whistleblowers to identify securities or commodities fraud by allowing them to share in the recoveries obtained from the information they provide. These provisions modify the Commodities Exchange Act. They don't create new bases for liability, but they do acknowledge, implicitly, that agencies can't do all the work and that it's therefore necessary to encourage civilian participation. [more]


December 4, 2008 - A new Citigroup scandal is engulfing Robert Rubin and his former disciple Chuck Prince for their roles in an alleged Ponzi-style scheme that's now choking world banking. [more]

Lawsuit Says Citigroup Misled Investors

An extensive new complaint in a lawsuit against Citigroup (C) charges that the banking giant misled investors about the size and risk of its housing-market wagers, raising questions about how early the bank knew it faced serious trouble from the assets that have plagued its balance sheet and stock price. [more]

Kirby McInerney LLP Procures $48 Million Settlement in Unocal Antitrust Litigation

December 5, 2008 - Judge Christina A. Snyder of the U.S. District Court for the Central District of California has granted final approval of a $48 million settlement in a class action suit brought against Union Oil Company of California (now a subsidiary of Chevron Corporation). [more]

N.Y. Slams Drug Makers' Calls To Toss AWP Case

July 12, 2007 - New York officials have asked a federal court to ignore a joint motion to throw out an antitrust case against a slew of drug companies accused of scamming Medicare, scoffing at arguments the case was "too large." [more]

Kirby McInerney LLP | 250 Park Avenue, Suite 820 | NYC 10177 | Tel. 212.371.6600 | Fax 212.751.2540

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