 Cadwalader lawyers author timely memoranda on significant developments in the law in order to keep our clients and friends apprised as to what these developments may mean for their business. |
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| February 2010 |
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First State AG in the Nation Sues to Enforce HIPAA
Feb 08, 2010 |
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House Regulatory Reform Bill May Impose Further Burdens On Large Funds
Feb 04, 2010 |
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The Obama Administration’s Fiscal Year 2011 Revenue Proposals
Feb 03, 2010 |
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| January 2010 |
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Lehman Court Finds Payment Priority Provision Is Unenforceable Ipso Facto Clause, And Must Be Part Of Swap For Safe Harbor Protection
Jan 29, 2010 |
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U.S. Federal Estate, Gift and Generation Skipping Transfer (“GST”) Taxes
Jan 29, 2010 |
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CFTC Proposes to Set Position Limits in the Energy Futures Market
Jan 28, 2010 |
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IRS Proposes Reporting Requirements for Uncertain Tax Positions Under FIN 48
Jan 28, 2010 |
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| December 2009 |
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The Revised FDIC Securitization Safe Harbor Rule; The FDIC Responds to Changes in GAAP Accounting Rules with Proposed Sweeping Regulation of Bank Securitization Structures
Dec 22, 2009 |
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Securitization Reform Proposals: The Credit Risk Retention Act of 2009 and the Restoring American Financial Stability Act of 2009
Dec 17, 2009 |
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UK Pre-Budget Report 2009: Key Taxation Aspects
Dec 10, 2009 |
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Tax Extenders Act of 2009
Dec 09, 2009 |
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Key Advantages of Patent Enforcement at the United States International Trade Commission
Dec 02, 2009 |
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| November 2009 |
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New York State Administrative Law Judge Finds Office of Medicaid Inspector General Audit Findings Invalid
Nov 30, 2009 |
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The New Regulation on Credit Rating Agencies is Published in the Official Journal of the European Union
Nov 25, 2009 |
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Securities and Exchange Commission Proposes Regulation of Indications of Interest and Dark Pools
Nov 23, 2009 |
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Federal Reserve Board Proposes Guidance on Incentive Compensation
Nov 17, 2009 |
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Debt Buy-Backs - UK Taxation Change as of 14 October 2009
Nov 02, 2009 |
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| October 2009 |
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Foreign Account Tax Compliance Act of 2009
Oct 27, 2009 |
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ISDA Publishes Final Collateral Dispute Resolution Procedure Designed to Assist Market Participants in Resolving Disputed Collateral Calls
Oct 27, 2009 |
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| September 2009 |
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Lehman Bankruptcy Court Holds ISDA Swap Counterparty in Violation of Automatic Stay / Counterparty Seeks Modification
Sep 29, 2009 |
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American Home Court Denies Bank’s Deficiency Claim by Accepting Discounted Cash Flow Valuation of Mortgage Loan Portfolio Subject to Repurchase Agreement
Sep 17, 2009 |
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Treasury Department Guidance Issued on Modification of Securitized Commercial Mortgage Loans
Sep 16, 2009 |
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| August 2009 |
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The FDIC's Statement of Policy on Qualifications for Failed Bank Acquisitions
Aug 31, 2009 |
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Over-the-Counter Derivatives Markets Act of 2009
Aug 20, 2009 |
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Second Circuit Expands Scope of Permissible Sales of Assets In Chapter 11 Pursuant to Section 363 of the Bankruptcy Code
Aug 19, 2009 |
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Foreign Bank and Financial Account Reporting
Aug 14, 2009 |
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Structured Finance Subordination Provisions Upheld by High Court
Aug 14, 2009 |
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GGP Bankruptcy Court Denies Motions to Dismiss Twenty Property Level Bankruptcy Cases as Bad Faith Filings
Aug 13, 2009 |
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Litigation Challenges Counterparty Right to Withhold Payments under Section 2(a)(iii) of ISDA Master Agreement as Violation of Automatic Stay Provisions of U.S. Bankruptcy Code
Aug 11, 2009 |
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The Stockman Decision: An Expansion of Indemnification and Advancement Rights in Limited Partnerships
Aug 03, 2009 |
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| July 2009 |
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Obama Administration Releases Legislative Language Regarding Asset-Backed Securitization
Jul 23, 2009 |
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ISDA’s Small Bang Protocol: Auction Settlement following a Restructuring Credit Event
Jul 22, 2009 |
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Private Equity Investments in Troubled Banks
Jul 15, 2009 |
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UPDATE: TALF for Legacy CMBS: New York Fed Clarifies Requirements and Procedures as Initial Legacy CMBS Subscription Date Approaches
Jul 13, 2009 |
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A Proposed UK Code of Practice on Taxation for Banks – Abiding by the “Spirit of the Law” or “Spooky Jurisprudence” by another name?
Jul 07, 2009 |
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| June 2009 |
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FBAR Filing Requirements For Owners of Foreign Accounts, Hedge Fund Investors, Hedge Fund Managers, and Financial Institutions; June 30, 2009 Filing Deadline Extended For Certain Filers
Jun 29, 2009 |
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Third Party Releases Survive Supreme Court's Decision in Travelers Indemnity Co. v. Bailey
Jun 25, 2009 |
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Obama Proposal for Regulatory Reform as It Relates to OTC Derivatives Markets
Jun 22, 2009 |
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The Obama Administration’s Financial Regulatory Reform Proposal
Jun 22, 2009 |
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The Obama Administration’s Financial Regulatory Reform Proposal and Its Impact on the Securitization Markets
Jun 22, 2009 |
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Obama Administration’s Financial Regulatory Reform Proposal Introduced
Jun 17, 2009 |
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Lenders File Motions to Dismiss Twenty-One Growth Properties Bankruptcy Cases as Bad Faith Filings
Jun 04, 2009 |
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| May 2009 |
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TALF for Legacy CMBS: New York Fed Releases Terms and Conditions and FAQs
May 20, 2009 |
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The Obama Administration's Fiscal Year 2010 Revenue Proposals
May 20, 2009 |
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General Growth Properties Bankruptcy Court Enters Final Order on Cash Collateral, Cash Management, and DIP Financing Issues
May 18, 2009 |
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Regulatory Reform of OTC Derivatives Markets
May 15, 2009 |
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The Hedge Fund Transparency Act and Its Unintended Consequences for Cat Bonds
May 12, 2009 |
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General Growth Properties Bankruptcy Court Defers Final Ruling on Cash Collateral, Cash Management and DIP Financing Issues
May 11, 2009 |
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TALF for New-Issue CMBS: New York Fed Releases Terms and Conditions, FAQs and Revised TALF FAQs
May 02, 2009 |
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Making Home Affordable Expanded to Second Lien Mortgages and to Incorporate Hope for Homeowners
May 01, 2009 |
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| April 2009 |
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Treasury, Federal Reserve, & FDIC Credit and Liquidity Programs
Apr 23, 2009 |
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IRS Offers to Ease Penalties for Taxpayers Who Disclose Their Overseas Accounts in the Wake of the Department of Justice's Continuing Crackdown on the Use of Tax Havens
Apr 14, 2009 |
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IRS Guidance on the Home Affordable Modification Program
Apr 13, 2009 |
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ISDA Auction Hardwiring and other Market Initiatives: Strengthening the Infrastructure for CDS Transactions
Apr 08, 2009 |
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Treasury Extends Deadline for PPIP Fund Manager Applications; Releases Additional Guidance on Legacy Securities Portion of PPIPs
Apr 06, 2009 |
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The Public-Private Investment Program For Legacy Loans: Unanswered Questions For Loan Sellers and Investors and Request For Comments by the FDIC
Apr 02, 2009 |
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| March 2009 |
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UPDATE: Understanding the Term Asset-Backed Securities Loan Facility (“TALF”)
Mar 27, 2009 |
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The Public-Private Investment Program; Treasury’s Plan to Cleanse Legacy Assets from Banks’ Balance Sheets
Mar 26, 2009 |
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The Manny Ramirez Tax Lightbulb; Also (2 Ideas in 1 Memo) Putting Pay in Perspective
Mar 24, 2009 |
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Obama Administration Releases Details of the Homeowner Affordability and Stability Plan
Mar 10, 2009 |
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The Banking Act 2009: Counterparty Rights and Insolvent Banks
Mar 10, 2009 |
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Stop Tax Haven Abuse Act (S. 506 and H.R. 1265)
Mar 06, 2009 |
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Understanding the Term Asset-Backed Securities Loan Facility (“TALF”)
Mar 04, 2009 |
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| February 2009 |
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New Bankruptcy Cram Down and Foreclosure Prevention Legislation Introduced
Feb 26, 2009 |
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Highlights of the Homeowner Affordability and Stability Plan
Feb 24, 2009 |
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Bank of England Asset Purchase Facility – A Panacea for the U.K. Corporate Credit Markets?
Feb 17, 2009 |
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Certain Federal Income Tax Provisions of the American Recovery and Reinvestment Act of 2009
Feb 17, 2009 |
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Treasury’s Financial Stability Plan Increases Access to Term Asset-Backed Securities Loan Facility (TALF)
Feb 10, 2009 |
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Legislation Affecting the REMIC Status of Existing Mortgage Securitization Transactions
Feb 05, 2009 |
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Draft U.S. Law Seeks to Regulate Credit Default Swaps
Feb 02, 2009 |
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Regulation D Filings for Hedge Funds - Beware the Ides of March!
Feb 02, 2009 |
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| January 2009 |
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The Future of Financial Regulation: Meet the New Regulators, Better Than the Old Regulators?
Jan 22, 2009 |
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ECB Eligible Collateral: The ECB Raises the Bar
Jan 21, 2009 |
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Delaware Bankruptcy Court Decision in SemCrude Poses Setback to Triangular Setoff
Jan 16, 2009 |
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Interim Guidance on Deferred Compensation Arrangements Under Section 457A of the Internal Revenue Code (IRS Notice 2009-8)
Jan 16, 2009 |
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| December 2008 |
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Litigation Victories
Dec 22, 2008 |
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Recent Developments in Residential Mortgage Loan Modification Programs
Dec 18, 2008 |
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U.S. Federal Reserve Announces Two New Programs To Ease Credit Markets
Dec 03, 2008 |
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| November 2008 |
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UK Pre-Budget Report 2008
Nov 26, 2008 |
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The Commercial Paper Funding Facility Program
Nov 25, 2008 |
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A Plain English Summary of Credit Default Swap Settlement Protocols
Nov 18, 2008 |
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House Takes Testimony From Hedge Fund Industry’s Major Players and Academics on the Topic of Hedge Fund Regulation
Nov 14, 2008 |
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FINRA Issues Research Rule Proposal for Consolidated FINRA Rulebook
Nov 05, 2008 |
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Managed Bank Loan Financing Facilities: Basic Overview for Hedge Funds
Nov 03, 2008 |
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| October 2008 |
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The Continuing Evolution of ECB Eligible Collateral
Oct 23, 2008 |
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Taxation of Nonqualified Deferred Compensation from Certain Offshore Entities
Oct 20, 2008 |
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Senator Proposes Legislation to Regulate Derivatives
Oct 17, 2008 |
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The DOL Issues Final Rule under ERISA Section 408(b)(19) Statutory Exemption for Cross-Trading of Securities
Oct 16, 2008 |
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Lehman Brothers Bankruptcy Filings: Issues for Replacement Swap Counterparties and their Municipal Clients
Oct 08, 2008 |
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Proposed Retention Requirements on Securitisation Positions Sold to European Credit Institutions
Oct 07, 2008 |
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The Proposed Troubled Asset Relief Program and the Emergency Economic Stabilization Act of 2008
Oct 02, 2008 |
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| September 2008 |
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New York State Insurance Department Issues Circular Letter Regarding Regulation of Credit Default Swaps
Sep 24, 2008 |
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Highlights of the Proposed Legislation to Implement the Treasury Department’s Bailout Plan
Sep 23, 2008 |
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Temporary SEC Rules Regarding Naked Short Selling and Related Matters
Sep 22, 2008 |
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Lehman Court Orders Outline Rights of Counterparties to Safe Harbored Financial Contracts
Sep 21, 2008 |
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ECB Eligible Collateral: What Has Changed?
Sep 10, 2008 |
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What Are Covered Bonds and Why Should You Care?
Sep 10, 2008 |
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| August 2008 |
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Short Positions and Reporting Obligations for Holders of UK-Listed Securities
Aug 11, 2008 |
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| July 2008 |
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The SEC Moves To Protect The Market From False Rumors And Certain Short-Selling
Jul 24, 2008 |
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Bank of New York v. Montana Board of Investments: Limitation on the Power of the Senior Class of Note Holders to Control the Disposition of the Assets of a Structured Investment Vehicle
Jul 18, 2008 |
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Creating ECB Eligible Collateral: Some Traps For The Unwary
Jul 17, 2008 |
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SEC Proposals to Remove References to Ratings from the Securities Laws Create Implications for ABS Transactions
Jul 17, 2008 |
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CSX Corporation v. The Children's Investment Fund Management (UK) LLP, et al.: New Developments Concerning Reporting Beneficial Ownership and Group Formation under Section 13(d)
Jul 09, 2008 |
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SEC Issues Proposed Amendments to Rule 15a-6
Jul 09, 2008 |
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| June 2008 |
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European Statutory Covered Bonds: New Opportunities For Commercial Mortgage Finance
Jun 10, 2008 |
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| May 2008 |
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American Home Court Expands Scope of Repo Safe Harbor
May 29, 2008 |
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| March 2008 |
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Federal Reserve Invokes Depression-Era Law to Expand to Broker-Dealers Last Resort Lending
Mar 19, 2008 |
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Telephone Taping and Capturing Electronic Communications: Obligations for UK Firms; US Implications and Perspectives
Mar 17, 2008 |
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| February 2008 |
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IRS Asserts Variable Prepaid Forward Contract with Share Lending is a Present Sale
Feb 21, 2008 |
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Regulated Covered Bonds 2008
Feb 13, 2008 |
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| January 2008 |
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The DOL’S Proposed Amendment to Regulation under ERISA Section 408(b)(2) Relating to Service Provider Fee Disclosures
Jan 15, 2008 |
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Cadwalader Successfully Concludes Cases
Jan 14, 2008 |
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American Home Court Excludes Servicing From Safe Harbors
Jan 08, 2008 |
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| November 2007 |
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Analysis of In re Foreclosure Cases, 2007 WL 3232420 (N.D. Ohio Oct. 31, 2007)
Nov 16, 2007 |
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FERC’s Initial Application of its New Anti-Manipulation Enforcement Authority in the Energy Trading Markets Along With Expanded CFTC Authority: Implications for Energy Traders of Financial Firms
Nov 15, 2007 |
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Proposed REMIC Regulations on Modification of Mortgage Loans Held by REMICs
Nov 12, 2007 |
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| October 2007 |
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Regulation R: Implementing the Bank Brokerage “Push-out” Provisions of the Gramm-Leach-Bliley Act
Oct 02, 2007 |
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| September 2007 |
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China Adopts Its Landmark Antitrust Law
Sep 28, 2007 |
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SEC Charges NEXT Financial Group With Violating Regulation S-P
Sep 05, 2007 |
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| July 2007 |
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China’s New Labor Contract Law Provides More Protection for Employees
Jul 20, 2007 |
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PRC’s CSRC Officially Permits Overseas Securities Investment by Qualified Domestic Institutional Investors (“QDIIs”) (Chinese Version)
Jul 03, 2007 |
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PRC’s CSRC Officially Permits Overseas Securities Investment by Qualified Domestic Institutional Investors (“QDIIs”) (English Version)
Jul 03, 2007 |
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| June 2007 |
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CFTC Proposes New Rule to Obtain Greater Oversight of OTC Derivatives Markets
Jun 27, 2007 |
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SEC Accounting Proposal: Positive Development for PRC Based Companies With Shares Listed in the U.S. (Chinese Version)
Jun 26, 2007 |
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SEC Accounting Proposal: Positive Development for PRC Based Companies With Shares Listed in the U.S. (English Version)
Jun 26, 2007 |
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Cadwalader Securities Litigation Team Extends Winning Streak
Jun 06, 2007 |
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| January 2007 |
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SEC Provides Guidance on Implementation of Regulation AB
Jan 30, 2007 |
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| December 2006 |
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NYSE Amendments to Rule 431
Dec 15, 2006 |
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| October 2006 |
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2006 Securities Litigation Wins Continue
Oct 30, 2006 |
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Brokerage Push-out - Back to the Drawing Board
Oct 17, 2006 |
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| August 2006 |
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Highlights of the Pension Protection Act of 2006
Aug 08, 2006 |
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| July 2006 |
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Important Court Decision For No-Fault Insurers
Jul 31, 2006 |
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| June 2006 |
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Investment Fund Alert
Jun 23, 2006 |
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Relief for ABCP Conduits, Hedge Funds and other Structured Vehicles under Final New York Publication Law
Jun 19, 2006 |
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| May 2006 |
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Interagency Statement on Sound Practices Concerning Elevated Risk Complex Structured Finance Activities
May 16, 2006 |
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| March 2006 |
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New York Publication Law
Mar 15, 2006 |
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New EPA Rule for “All Appropriate Inquiries,” New ASTM Standard for Phase I ESA and the Loan & Securitization Implications
Mar 01, 2006 |
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| February 2006 |
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Introduction of the ‘New Global Note’ Format for International Bonds
Feb 23, 2006 |
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