Loginovskaya v. Batratchenko Continues to Garner Attention

The Firm’s successful argument in Loginovskaya v. Batratchenko continues to provoke discussion. The case was the subject of The National Law Journal’s November 13 article “The Territorial Barrier to Commodity Exchange Act Suits.” 
On September 4, 2014, in 22-page opinion, the Second Circuit affirmed the judgment of the United States District Court for the Southern District of New York (Oetken, J.) which dismissed plaintiff’s claims under the Commodities Exchange Act (“CEA”) as extraterritorial under the “transactional” test announced in Morrison v. National Australia Bank Ltd., 561 U.S. 247, 130 S. Ct. 2869 (2010). This case was the first of its kind to apply Morrison to the provisions of the CEA.
CL&M counsel Judith Wallace and associate Alexander G. Malyshev, supervised by partner Gary D. Sesser, represented the defendants. Judith Wallace argued the appeal.

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