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Futter, Toby E.

Toby E. Futter

Of Counsel
Direct Tel: +1 212-849-7431
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Toby Futter is an accomplished litigator and advocate, with over a decade of experience successfully representing and advising clients in high-risk and complex commercial disputes.

Since joining Quinn Emanuel in 2012, Mr. Futter has acted for clients in virtually all aspects of New York State and New York federal trial litigation, including in pro bono, multi-million, and multi-billion dollar proceedings.  Mr. Futter’s practice focuses on securities and antitrust law, structured finance proceedings, and plaintiff-side class actions.  As plaintiffs’ class counsel, Mr. Futter has been instrumental in proceedings alleging manipulation of the U.S. markets for interest rate derivatives, volatility derivatives, precious metals, and health services, which together have recovered over $500 million for consumers and investors.  Mr. Futter has particularly deep experience in securities law and structured finance disputes: he was a core member of the team that secured over $25 billion for U.S. taxpayers in suits against numerous Wall Street banks in federal court, and is currently leading a similar $1 billion suit against a Swiss bank in New York state court.  A graduate of Stanford Law School’s Law, Science and Technology master of laws program, Mr. Futter also routinely acts for or advises clients in respect of matters involving cryptocurrencies, blockchain technology, and the use of artificial intelligence.

Prior to joining Quinn Emanuel, Mr. Futter worked in a variety of capacities in New Zealand.  He commenced his career as a solicitor at one of New Zealand’s leading corporate law firms, where he acted for clients in the oil, electricity, shipping, banking, healthcare, automobile, and pharmaceutical industries.  Mr. Futter then joined the independent bar as a barrister sole at one of New Zealand’s preeminent barristers’ chambers, where he acted in a broad range of criminal and civil proceedings involving contract, tort, equity, administrative law, insolvency, insurance, copyright, and fraud.  Concurrently, Mr. Futter also spent several years teaching tort law and jurisprudence at New Zealand’s highest-ranked law faculty, and served as a member of the Executive Council of the New Zealand Bar Association.  Mr. Futter has several times been recognized as a Thompson Reuters SuperLaywer’s “Rising Star” for New York. 

  • Federal Housing Finance Agency
  • Fir Tree Partners
  • Hildene Capital Management
  • AI Now Institute, New York University
  • U.S. Bank National Association
  • YKK Corporation of America
  • Numerous individuals, as named plaintiffs in federal class actions
  • Class Counsel in Alaska Electrical Pension Fund v. Bank of America, N.A. 1:14-cv-7126, a class action in the S.D.N.Y. that alleged collusive manipulation of the “ISDAfix” benchmark for interest rate derivatives by fourteen Wall Street banks and their broker, which settled for more than $500 million.
  • Class Counsel in In Re: Chicago Board Options Exchange Volatility Index Manipulation Antitrust Litigation 1:18-cv-04171, a class action pending in the N.D. Ill. that alleges collusive manipulation of the “VIX fear gauge” benchmark for volatility derivatives.
  • Class Counsel in In Re: Commodity Exchange, Inc., Gold Futures And Options Trading Litigation 1:14-MD-2548, a class action pending in the S.D.N.Y. that alleges collusive manipulation of the “PM Gold Fix” benchmark for the price of gold and gold derivatives.
  • Class Counsel for In Re: Delta Dental Antitrust Litigation 1:19-cv-06734, a class action pending in the N.D. Ill. that alleges collusive horizontal allocation and price fixing in the U.S. market for dental insurance.   
  • Class Counsel for In Re: Treasury Securities Auction Antitrust Litigation 1:15-md-02673, a class action pending in the S.D.N.Y. that alleges collusion in respect of the primary and secondary markets for U.S. Treasuries. 
  • Counsel to YKK Corporation America in respect of a dispute regarding alleged patent infringement and breach of a license agreement for waterproof zipper technology. 
  • Counsel to the Federal Housing Finance Agency in its landmark series of law suits against the majority of the Wall Street banks, alleging breach of the federal securities laws in the issuance of billions of dollars of residential mortgage-backed securities ahead of the 2008 global final crisis.
  • Counsel for various individuals in connection with cryptocurrency matters involving shareholder and employment disputes, wallet hacking and token theft, and investigations by regulatory authorities.
  • Stanford Law School
    (LL.M., 2012)
    • John Hart Ely Prize for Outstanding Performance
    • Gerald Gunther Prize for Outstanding Performance
    • Co-President, Advanced Degree Students Association
    • Editor, Stanford Journal of Law, Science & Policy
    • Rotary Foundation Ambassadorial Scholar
    • Spencer Mason Scholar
  • University of Auckland Law School
    (LL.B., with honors, 2007)
    • Senior Prize in Law (“academic excellence,” top 10% of graduating cohort)
  • University of Auckland
    (B.A., Philosophy, Political Science, 1999)
    • Senior Prize in Philosophy (“academic excellence,” top 10% of graduating cohort)
  • The State Bar of New York
  • United States District Court
    • Southern District of New York
  • Barrister and Solicitor of the High Court of New Zealand
  • Bankside Chambers:
    • Barrister Sole, 2009-2011
  • Russell McVeagh:
    • Litigation Solicitor, 2007-2009
  • University of Auckland, Law School
    • Teaching Faculty, 2007-2011
  • Selected as a SuperLawyer Rising Star (2018) (“Antitrust Litigation”), and SuperLawyer Rising Star (2019) (“Antitrust Litigation”, “Business Litigation”, “Class Actions and Mass Torts”, “Securities Litigation”)
  • Recipient of American Antitrust Institute’s Outstanding Antitrust Litigation Achievement in Private Law Practice (2018)