United States Commodity Futures Trading Commission v. Whitney

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that McGraw-Hill is the only source of the information contained in the instructions and formulas for the Inside FERC price index
• concluding that legitimate trade reports from prior years might establish that the defendants’ submission of false data was not a product of mistake or ignorance
• finding that the documents are necessary to “confirm not only that [they were] transmitted, but also that [they were] received and used by [McGraw-Hill]”
• explaining that if the Commission “cannot ascertain how [trade data] information was used ... to generate ... index prices, it may be unable to determine the potential and actual effects of the ... reports on market prices”
• finding that Inside FERC’s reporting instructions are probative of scienter
• deeming McGraw-Hill’s request for a protective order moot because the court had already found that “the competing public interest in the [Commission’s] civil prosecutions” outweighed the privilege

Source: CourtListener parenthetical corpus (CC0).