Antitrust & Intellectual Property

LIBOR Rate Manipulation

Issue: Manipulation of LIBOR rates

Schwab Short-Term Bond Market Fund, et al. v. Bank of America Corp., et al., No. 11 CV 6409 (S.D.N.Y.); Charles Schwab Bank, N.A., et al. v. Bank of America Corp., et al., No. 11 CV 6411 (S.D.N.Y.); Schwab Money Market Fund, et al. v. Bank of America Corp., et al., No. 11 CV 6412 (S.D.N.Y.); The Charles Schwab Corp., et al. v. Bank of America Corp., et al., No. 13 CV 7005 (S.D.N.Y.); and Bay Area Toll Authority v. Bank of America Corp., et al., No. 14 CV 3094 (S.D.N.Y.) (collectively, “LIBOR”).

Lieff Cabraser serves as counsel for The Bay Area Toll Authority (“BATA”), as well as The Charles Schwab Corporation (“Charles Schwab”), its affiliates Charles Schwab Bank, N.A., and Charles Schwab & Co., Inc., which manages the investments of the Charles Schwab Bank, N.A. (collectively “Schwab”), several series of The Charles Schwab Family of Funds, Schwab Investments, and Charles Schwab Worldwide Funds plc (“Schwab Fund Series”), in individual lawsuits against Bank of America Corporation, Credit Suisse Group AG, JPMorgan Chase & Co., Citibank, Inc., and additional banks for allegedly manipulating the London Interbank Offered Rate (“LIBOR”).

The complaints allege that beginning in 2007, the defendants conspired to understate their true costs of borrowing, causing the calculation of LIBOR to be set artificially low. As a result, Schwab, the Schwab Fund Series, and BATA received less than their rightful rates of return on their LIBOR-based investments. The complaints assert claims under federal antitrust laws, the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”), and the statutory and common law of California. The actions were transferred to the Southern District of New York for consolidated or coordinated proceedings with the LIBOR multidistrict litigation pending there.