MYUN-UK CHOI v. TOWER RESEARCH CAPITAL LLC

No. 17-648-cv August Term, 2017.

886 F.3d 229 (2018)

MYUN-UK CHOI, Jin-Ho Jung, Sung-Hun Jung, Sung-Hee Lee, Kyung-Sub Lee, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. TOWER RESEARCH CAPITAL LLC, Mark Gorton, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2018.


Attorney(s) appearing for the Case

MICHAEL EISENKRAFT , Cohen Milstein Sellers & Toll PLLC, New York, NY ( J. Douglas Richards , Richard Speirs , Cohen Milstein Sellers & Toll PLLC, New York, NY; Times Wang , Cohen Milstein Sellers & Toll PLLC, Washington, DC, on the brief), for Plaintiffs-Appellants.

NOAH A. LEVINE , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY ( Matthew T. Martens , Albinas J. Prizgintas , Wilmer Cutler Pickering Hale and Dorr LLP, Washington DC, on the brief), for Defendants-Appellees.

Before: Walker, Pooler, and Lohier, Circuit Judges.


Plaintiffs, five Korean citizens, transacted on a "night market" of Korea Exchange ("KRX") futures contracts. The KRX is a derivatives and securities exchange headquartered in Busan, South Korea. On the KRX night market, traders enter orders in Korea, when the KRX is closed for business, whereupon their orders...

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