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Highlighting One Element of the Cause of Action Wins the Case

Authors: John Monical and Theodore Harman  SITUATION: A futures commissions merchant (“FCM”) sued the employee (“Employee”) of an introducing broker (“IB”) who placed losing trades in the IB owner’s account, causing greater than a $1 Million debit balance. The FCM claimed that the Employee recklessly ignored intraday margin procedures, interfering with the contractual relationship between […]

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