Class Actions in the Futures Markets:
The Firm has filed over 30 class action law suits throughout the United States. Some of those class actions have led to substantial settlements as reflected below:
– In Re: Amaranth Natural Gas Commodities Litigation, 07 Civ. 6377 (SAS) (SDNY). The Burke Firm was appointed co-lead counsel by Judge Scheindlin and represented a lead plaintiff in this complex natural gas futures litigation involving the manipulation of the natural gas futures and options markets covering a class period from February 16, 2006 to September 28, 2006. On January 3, 2012, Judge Scheindlin entered an Order preliminarily approving a settlement of $77,000,000.
– In Re: Natural Gas Commodity Litigation, 03Civ.06186 (VM) (S.D.N.Y.) The Burke Firm represented a lead plaintiff in this litigation involving the manipulation of the natural gas futures market covering a class period from January 2000 – December 2003. This litigation settled for $100,800,000.
– Kohen v. Pacific Investment Management Company LLC, 05 Civ. 4681 (RAG) ( N.D. Ill.). The Burke Firm represented a lead plaintiff in a futures manipulation case of the June 2005 10 Year Treasury Note Futures Contract traded on the Chicago Board of Trade. The case settled in May, 2011 for $118,750,000.
The Firm is also participating in the following pending class action suits:
– In Re: Commodity Exchange Inc. Silver Futures and Options Trading Litigation, 11 MD 2213, (RPP) (SDNY). The Burke firm filed a complaint alleging the manipulation of silver futures and option contracts traded on the Commodity Exchange, Inc. The first amended complaint was filed recently.
– In Re: Crude Oil Commodity Futures Litigation, MF 11 Civ. 3600 (WP) (SDNY). The Burke Firm has filed a complaint on behalf of a Plaintiff who traded in the physical oil, crude futures and options markets during the period when it is alleged that defendants were manipulating the price of physical crude oil and futures markets.
– In Re: Platinum and Palladium Commodities Litig., 10 Civ. 3617 (WHP) (S.D.N.Y.) The Burke Firm has filed a complaint on behalf of a Plaintiff who traded in the platinum futures and options markets during the period when it is alleged that defendants were manipulating the price of the platinum and palladium futures and options markets.
The Firm has represented victims of investment fraud for over 30 years in a varitety of arbitration hearings involving physical commodities, exchange traded futures and Forex, OTC foreign currency, equity securities, options, collateralized mortgage obligations and complex structured financial products. The Firm has been successful against large and small brokerage firms including but not limited to, Merrill Lynch, Morgan Stanley, Peregrine Financial, Oppenheimer and Smith Barney.
The Firm has represented numerous individuals and entities in CFTC, NFA, SEC, FINRA and exchange investigations and proceedings.
The Firm has prepared registration documentation and disclosure documentation for numerous Commodity Trading Advisors, Commodity Pool Operators and Introducing brokers who are engaged in the futures and foreign currency business.
Mr. Burke has assisted other lawyers in connection with futures litigation, foreign currency litigation and regulatory matters. He has been qualified as an expert witness in several complex futures trading cases in the United States District Court for the Southern District of New York, National Futures Association and FINRA.
The Firm has represented numerous foreign individuals and entities on matters in the United States. The Firm has numerous foreign lawyer affiliations.