# Opinion

> District Court, S.D. New York · October 9, 2025

URL: https://www.frixlaw.com/law-library/cases/11223358

## Case

- **Full name:** Edmar Financial Company, LLC et al v. Currenex, Inc. et al
- **Court:** District Court, S.D. New York
- **Decided:** October 9, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

HOPES lusoc SDNY
ROPES & GRAY LLP
1211 AVENUE OF THE AMERICAS 4; DOCUM ENT
Ny NEW voRK, NY 10036-8708 HT ELECTRONICALLY FILED □□
WWW.ROPESGRAY.COM i:
DOC# □
DATE FILED: { 1) -
Alexander B. Simkin
October 8, 2025 T +1 212 596 9744
alexander.simkin@ropesgray.com

VIA ECF
The Honorable Lewis A. Kaplan
United States District Court
Southern District of New York
500 Pearl Street, Courtroom 21B
New York, NY 10007
Re: Edmar Financial Company, LLC et al v. Currenex, Inc. et al, Case No. 21-cv-06598
Dear Judge Kaplan:
Defendants Currenex, Inc. (“Currenex”), State Street Bank and Trust Company, and State
Street Global Markets International Limited (collectively, “Defendants”) respectfully request that
certain exhibits to Plaintiffs’ October 3, 2025 Sur-Reply in further opposition to Defendants’ motion
for issuance of Letter Rogatory (granted on October 2, 2025) remain under seal or redacted. See ECF
No. 315. Specifically, Defendants request that one exhibit cited in the Sur-Reply remain under seal
in its entirety and two exhibits remain under seal in part.'
The three at-issue exhibits (the “Exhibits”) consist of notes memorializing a meeting between
named plaintiff DSquare Trading Limited (““DSquare”’) and Currenex and excerpts of the deposition
testimony of two witnesses. The Exhibits reflect commercially sensitive and proprietary information
about the Currenex Platform’s operation, including product features, technical configuration, business
strategy, and client-specific negotiations. As explained below, Defendants respectfully submit that
sealing is justified under controlling legal precedent. See Lugosch v. Pyramid Co. of Onondaga, 435
F.3d 110, 120 (2d Cir. 2006).
The Exhibits directly implicate Defendants’ commercially sensitive information and privacy
interests. It is clear from their face that they contain commercially sensitive and proprietary
information regarding the technical operation of the Currenex Platform and Currenex’s business
strategy. For example, the deposition transcript excerpt at 316-3 (specifically, lines 134:5~-14)
confirms an internal Currenex business practice concerning the Platform’s technical configuration,
including how a Platform administrator might go about making configuration changes. The
deposition transcript excerpt at 316-6 (specifically, pages 18:1—25, 48:2-25, and 189:12~16) details
client-specific discussions about the Currenex Platform’s functionality and interface. The document
! These exhibits are referenced on the case docket as: 316-3, 316-6, and 316-7. Defendants request
that Exhibits 316-3 and 316-6 remain under seal in part, and 316-7 remains under seal in its entirety.
]

Hon. Lewis A. Kaplan October 8, 2025
at ECF No. 316-7 consists of meeting notes reflecting detailed operational and technical information
about the Currenex Platform, including liquidity pools and Platform data analytics.
In the highly competitive and dynamic FX trading market, revealing information reflecting
confidential technical details regarding the design, operation, and monitoring of the Platform could
severely damage Currenex’s reputation and harm the Defendants’ competitive standing by handing
their competitors access to sensitive information and market intelligence. The information contained
in the Exhibits could also, if exposed, create vulnerabilities with respect to the security of the Platform
and, accordingly, pose a risk of harm to Currenex and its clients. Such confidential and commercially
sensitive information are among the types of information routinely found to be appropriately sealed.
See In re B&C KB Holding GmbH, 2023 WL 2021299, at *1 (S.D.N.Y. Feb. 14, 2023) (courts
“routinely permit parties to seal or redact commercially sensitive information in order to protect
confidential business and financial information.”).
For the reasons set forth above, the Court should order the following: (i) the Exhibit referenced
at ECF No, 316-7 remain sealed in its entirety, (i1) the content reflected at 134:5-14 of ECF No. 316-
3 be redacted, but otherwise unsealed, and (iii) the content reflected at 18:1—25, 48:2—25, and 189:12—
16 of ECF No. 316-6 be redacted, but otherwise unsealed.

Respectfully submitted,
/s/ Alexander B. Simkin
Alexander B. Simkin

cc: Counsel of record (via ECF)

Sf ORDE Jp □□

“WIS A. KAPLA , USDJ

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11223358. Public record. Not legal advice.
