Keller Rohrback L.L.P.

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  • Established in 1919
  • Firm Size 78
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Commodities Litigation

Commodities and Future Contracts

Keller Rohrback's lawyers are knowledgeable about the laws governing commodities and the processes available to remedy violations of those laws.

Congress created the Commodities Futures Trading Commission ("CFTC") in 1974 to regulate commodity futures and options markets in the United States. While the CFTC provides oversight to the commodities and futures markets, the Commodity Exchange Act ("CEA") establishes the statutory framework under which the CFTC operates and allows for private lawsuits against those who manipulate or attempt to manipulate the price of a futures contract or the price of the commodity underlying the contract. Such private lawsuits may be brought individually or as part of a class action for the actual damages caused by the manipulation.

The CFTC and the Courts have developed the following four-factor test to determine whether a plaintiff has established a claim for market manipulation under section 9(a) of the CEA: (1) the defendant possessed an ability to influence market prices; (2) an artificial price existed; (3) the defendant caused the artificial price; and (4) the defendant specifically intended to cause the artificial price.

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Peer Reviews

4.9/5.0 (65 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Derek Loeser by a Hiring Partner on 02/06/20 in Litigation

    Derek is a top level litigator. I have seen his work in very complex matters. His preparation is excellent and his demeanor is professional.

  • 5.0/5.0 Review for Gretchen Cappio by a Attorney on 11/10/19 in Class Actions

    Gretchen is one of the most talented class action Attorney’s in the country. She is very knowledgeable, responsible , has a detailed and deep understanding of the law , is an excellent writer and has great communication skills.

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