Information you need from those in the know

Cadwalader regularly publishes materials, including newsletters and news alerts of interest to our clients. Our communications portfolio also includes articles authored by our attorneys, as well as information about events in which our personnel will participate.

Articles & Books

Pre-packing European Debt in American Courts: the Roust Corporation Restructuring

June 1, 2017

Butterworths Journal of International Banking and Financial Law

This article examines the successful $1.1bn reorganisation of Roust Corporation in the United States Bankruptcy Court for the Southern District of New York earlier this year. Cadwalader acted as transatlantic adviser to the Ad Hoc Committee of Convertible Noteholders.


Related Attorney(s): Cort Malmberg, Richard Nevins
Related Practice(s): Financial Restructuring
Related Office(s): London
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So You’ve Been Hacked: The Changing Landscape of Post-Data Breach Liability

April 28, 2017

New York Law Journal

The authors focus on the potential for regulatory and civil liability for corporations in the aftermath of a data breach.


Related Attorney(s): Joseph Facciponti, Joseph Moreno
Related Practice(s): Cyber and National Security, Litigation, White Collar Defense and Investigations
Related Office(s): New York, Washington
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The Global Subscription Credit Facility and Fund Finance Markets – Key Trends and Forecasts 2017

April 26, 2017

The International Comparative Legal Guide to Lending & Secured Finance 2017

The Subscription Credit Facility and related Fund Finance markets continued their outpaced growth in 2016,  extending the long-standing industry trend. Mirroring the recent experience both during and after the financial crisis, facility credit performance remained pristine, with no monetary defaults having become public last year. The authors summarize the key trends in the Facility and Fund Finance markets in 2016 and forecasts developments for the coming year. This article appeared in the 2017 edition of The International Comparative Legal Guide to Lending & Secured Finance, published by Global Legal Group Ltd, London.


Related Attorney(s): Michael Mascia, Wesley Misson
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
Related Office(s): Charlotte
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Events

LMA Secondary Training

June 22, 2017

Louisa Watt will be presenting on "Completing a trade confirmation - difference between par & distressed", a step-by-step comparison between the par and distressed trade confirmations.

The Loan Market Association (LMA) are holding a one-day training session on the secondary syndicated loan market and the mechanics in LMA documentation on June 22, 2017, in London. The presentations will be delivered by senior professionals working in the market who have first-hand experience and knowledge of the industry.

Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
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Investment Opportunities in Structured Finance

June 22, 2017

In this first installment of our Investment Fund Talks series, Cadwalader partners Yushan Ng and Jeremiah Wagner will discuss the benefits and opportunities for funds in using structured finance and securitisation both in stressed situations as well as for opportunistic investments, hopefully dispelling some of the myths along the way.

Related Attorney(s): Yushan Ng, Jeremiah Wagner
Related Practice(s): Derivatives & Structured Products, Financial Restructuring, Securitization & Asset Based Finance, Structured Products
Related Office(s): London
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Finance Forum 2017

Nov. 8, 2017

Cadwalader is proud to host the 2nd annual Finance Forum in Charlotte, North Carolina on November 8, 2017. The event will serve as a forum to discuss emerging trends, market developments and hot topics with industry leaders for the finance services and investment management community.

Related Attorney(s): Stuart Goldstein, Michael Mascia, Wesley Misson, Jeffrey Nagle
Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Corporate Finance, Fund Finance, Real Estate, Residential Mortgage-Backed Securities, Securitization & Asset Based Finance, White Collar Defense and Investigations
Related Office(s): Charlotte
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Clients & Friends Memos

Financial CHOICE Act Would Complicate the Choices in Bringing and Defending Against SEC Cases

Jun 12, 2017

Legislation passed by the U.S. House of Representatives threatens to shake up the Securities and Exchange Commission’s enforcement program in a historic manner.


Related Attorney(s): Jodi Avergun, Aaron Buchman, Jason Halper, Joseph Moreno, Lex Urban, Kendra Wharton
Related Practice(s): Corporate & Securities Litigation, Litigation, Securities Enforcement & Investigations, White Collar Defense and Investigations
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Navigating the Currents – Legal Privilege Under English Law

May 22, 2017

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is engaged in a criminal investigation involving the UK Serious Fraud Office (“SFO”). This decision is likely to have significant consequences on the conduct of corporate internal investigations in a civil and criminal context and on self-reporting in the criminal context, including cross-border investigations. This memo considers the current UK position on legal professional privilege, placing the recent decision of the High Court in the context of previous key decisions on privilege, Three Rivers (No. 5) and the RBS Rights Issue Litigation (“RBS”).

 

 


Related Attorney(s): Steven Baker, Jenna Rennie, Janaki Tampi
Related Practice(s): Litigation
Related Office(s): London
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WannaCry Ransomware Attacks Should Be a Wake-Up Call for Cybersecurity Diligence

May 17, 2017

Last week’s massive ransomware attack should serve as a wake-up call that companies across all industries and regions must take the threat of global cyber attacks seriously.  Although investigators are still uncovering details, three key lessons have emerged for businesses seeking to protect themselves.


Related Attorney(s): Joseph Facciponti, Joseph Moreno
Related Practice(s): Cyber and National Security, White Collar Defense and Investigations
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Blogs & Newsletters


Recent Blog Postings


Health Care Fraud Focus

HHS’ Checklist on How to Respond to a Cyber Attack

Jun 16, 2017


The U.S. Department of Health and Human Services’ Office of Civil Rights (OCR) recently issued a checklist that details suggested best practices for entities covered by the Health Insurance Portability and Accountability Act (HIPAA) in responding to potentially damaging cyber attacks.  The checklist, and an accompanying infographic, provide welcome guidance for health care companies, which... Continue Reading…


$155 Million Settlement of Alleged False Claims Act Violations Underscores False Claim Act Risks to Health Care Vendors As Well As Providers

Jun 12, 2017


On May 31, 2017, the Department of Justice announced a $155 million settlement with eClincialWorks (ECW), an electronic health records (EHR) software vendor, to resolve a whistleblower complaint that alleged violations of the False Claims Act and the Anti-Kickback Statute.  This settlement, the “largest financial recovery in the history of the State of Vermont,” should... Continue Reading…


DOJ’s Focus on Health Care Fraud Continues

Jun 02, 2017


Combating health care fraud will continue to be a priority for the Jeff Sessions-led Department of Justice (DOJ). DOJ Criminal Division’s Acting Assistant Attorney General Kenneth Blanco, in a May 18 speech at the ABA’s Institute on Health Care Fraud, said that Attorney General Jeff Sessions “feels very strongly” that “health care fraud is a... Continue Reading…



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FCPA Advisor

US and UK Regulators Speak Out on Anti-Corruption Enforcement Trends and Priorities

Dec 06, 2016


A number of key trends and priorities in international anti-corruption enforcement emerged last week at the 33rd ACI International Conference on the Foreign Corrupt Practices Act, held November 29 – December 2 outside of Washington, DC. Leading prosecutors and regulators from the US and UK described skyrocketing international law enforcement coordination, announced both “sticks” and “carrots” to encourage self-disclosure and cooperation, and pledged again to hold individuals accountable for anti-corruption violations. Officials from the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the UK Serious Fraud Office (SFO) repeatedly emphasized these points in both their prepared remarks and their responses to questions.


Related Attorney(s): J. Robert Duncan, James Treanor
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Paper Tigers: Recent Settlements Show Companies Operating in China Need to Do More to Enforce FCPA Policies

Mar 02, 2016


Amid a recent flurry of Foreign Corrupt Practices Act (“FCPA”) settlements announced by the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) were two settlements relating to the provision of improper gifts, hospitality and travel to Chinese government officials.


Related Attorney(s): James Treanor
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Bank of New York Mellon Settles FCPA Charges Regarding Internships for Relatives of Sovereign Wealth Fund Officials

Aug 20, 2015


On August 18, 2015, the Securities and Exchange Commission (“SEC”) announced that the Bank of New York Mellon Corporation (“BNY Mellon”) had agreed to settle administrative charges that it violated the Foreign Corrupt Practices Act (“FCPA”) by providing internships and work experiences to family members of officials of a Middle Eastern sovereign wealth fund (the “Fund”). The resolution with BNY Mellon continues a trend of aggressive FCPA enforcement by the SEC and marks the first time that the influencing of officials of a sovereign wealth fund has been the basis of an FCPA enforcement action.


Related Attorney(s): Peter Carey, A. Joseph Jay III
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Trade Alert

Trade Alert - May 2017, Issue 41

Jun 01, 2017


Jurisdiction: Australia


Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
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Trade Alert - April 2017, Issue 40

May 02, 2017


Jurisdiction: Greece


Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
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Trade Alert - March 2017, Issue 39

Mar 31, 2017


Jurisdiction: Germany


Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
read more »

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Women in the City Program

Update - February 2017

Feb 14, 2017


What skills do women need to be successful leaders in the Fintech and alternative finance industry?

Can emerging companies offer an opportunity for women to do something different? Can technology revolutionise conventional financial services? These and other questions were debated by a panel of high profile leaders from the European FinTech and alternative finance industry to discuss opportunities and challenges for women in this growing area as part of Cadwalader’s Women in the City Programme, a series of seminars designed to inspire more women to take leadership roles in their organisations by offering open dialogue, useful insights and practical guidance.


Related Attorney(s): Jeremiah Wagner
Related Office(s): London
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Update - October 2016

Oct 14, 2016


How can more women be encouraged into funds?

This question was debated by a panel of women leaders in the investment fund industry at Cadwalader's second Women in the City debate.  The programme of discussions is designed to inspire more women to take leadership roles in their organisations by offering open dialogue, useful insights and practical guidance. Cadwalader hosted a large group of clients and colleagues over breakfast for a very lively panel discussion entitled "Women in Investment Funds: A Fundamental Advantage: Building Female Talent in the Investment Management Sector".


Related Attorney(s): Ingrid Bagby, Karen McMaster
Related Office(s): London
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Update - August 2016

Aug 04, 2016


What skills do women need to be successful leaders?

This question was debated by a panel of high profile female leaders at the recent launch of Cadwalader's Women in the City Programme, a series of seminars designed to inspire more women to take leadership roles in their organisations by offering open dialogue, useful insights and practical guidance.


Related Attorney(s): Gregory Petrick, Louisa Watt
Related Office(s): London
read more »

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Videos

"Constance Baker Motley, James Meredith and the University of Mississippi"

Mar 23, 2017

The Cadwalader Center for Diversity & Inclusion hosted our Black History Month program titled "Constance Baker Motley, James Meredith and the University of Mississippi." Cadwalader’s Affinity Networks and special guests Hon. Denny Chin of the United States Circuit Court for the Second Circuit, Hon. William F. Kuntz II and Hon. Margo K. Brodie of the United States District Court for the Eastern District of New York presented a historical reenactment of James Meredith’s legal battle to be admitted to the University of Mississippi in the 1960s.


Related Attorney(s): Cheryl Barnes, Kathy Chin, Osvaldo Garcia, Patrick Quinn, William Robbins
Related Page(s): Diversity & Inclusion

"True Lender & Madden Case: Impact on Industry - 2 Years In"

Mar 6, 2017

Scott Cammarn discusses "True Lender and Madden Case: Impact on Industry Two Years In" at LendIt USA on March 6, 2017, in New York City.


Related Attorney(s): Scott Cammarn
Related Practice(s): Financial Regulation, Fintech

The Cadwalader Black and Latino Association Immigration Clinic

May 26, 2016

Osvaldo Garcia, founder and current director of the Cadwalader Black and Latino Association Immigration Clinic, discusses the group's work.


Related Attorney(s): Osvaldo Garcia

Finance Forum 2017

Cadwalader is proud to host the 2nd Annual Finance Forum in Charlotte on November 8, 2017.

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