American Bar Association
Closing the Umbrella? Two Recent Second Circuit Decisions Address (and Reject) So‐Called Umbrella Liability Claims
May 2022
In late 2021, the Second Circuit issued two decisions—In re American Express Anti‐Steering Rules Antitrust Litigation (“Amex Rules”)1 and Schwab Short‐Term Bond Market Fund v. Lloyds Banking Group (“Schwab Bonds”)2—that closely analyzed and rejected so-called “umbrella” liability claims. As discussed below, these two decisions illuminate the narrow path plaintiffs face in asserting umbrella claims particularly in the Second Circuit.
Capabilities
Suggested News & Insights
Sidley Advises Marathon Asset Management on its up to US$1.6 Billion Sale to CVCJanuary 26, 2026Sidley Represents Bonaccord Capital in Increased Minority Investment in Park Square CapitalJanuary 21, 2026Key Takeaways from the European Commission’s New Foreign Subsidies Regulation GuidelinesJanuary 14, 2026U.S. FTC Releases 2026 Thresholds for HSR Act Filings and Raises HSR Filing FeesJanuary 14, 2026Sidley Represents Fitness Industry Veteran Mark Mastrov in Acquisition of 24 Hour FitnessJanuary 12, 2026Sidley Represented Bessemer Investors in Sale of Leonard Valve CompanyJanuary 7, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
