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

CMBS In 2017 And A Look Ahead

Jan 4, 2018

Law360

Whether you were waiting for a “wall” or a “wave” to hit the commercial mortgage-backed securities market last year, 2017 did not deliver the massive amount of CMBS refinancings predicted by many at the end of 2016. In this article, we will review what happened during 2017 and look ahead to what the industry might see in 2018.


Related Attorney(s): Stuart Goldstein, Greg Prindle
Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): Charlotte, New York
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Tax Reform: Effects on Funds and Securitizations

Dec 11, 2017

Tax Management Memorandum

Jason Schwartz, Jean Bertrand and Kara Altman discuss the provisions in the current House and Senate tax reform proposals that could, if enacted in their current form, significantly affect securitization vehicles and investment funds.


Related Attorney(s): Kara Altman, Jean Bertrand, Jason Schwartz
Related Practice(s): Securitization & Structured Products Taxation, Tax
Related Office(s): New York
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Elements of an Effective Corporate Compliance Program

Nov 17, 2017

Fraud & White Collar Crime 2017 Expert Guide

Companies that are either located in, or transact business in the United States – even if they are not in highly regulated industries like health care or finance – are subject to an almost ever-increasing array of regulations with which they must comply. Add to that the financial incentives provided by the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (“Dodd-Frank Act”) and companies can find themselves at the center of regulatory or criminal investigations in an instant.


Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
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Events

Webinar: Transgender Inclusion in the Workplace

Jan 22, 2018

Presenter: Jillian Weiss, Executive Director of the Transgender Legal Defense & Education Fund (TLDEF)

Cadwalader’s Center for Diversity and Inclusion invites you to a webinar on Transgender Rights and Inclusion in the Workplace with TLDEF. TLDEF is an organization committed to ending discrimination based upon gender identity and expression and to achieving equality for transgender people. This program will provide background on important cases on transgender rights, current issues on transgender workplace inclusion, information on recent cases in the news, and what we can expect in 2018 on transgender rights. 

CLE credit will be provided for this webinar and will satisfy the new mandatory diversity training CLE requirement for attorneys registered in New York State.

Related Office(s): New York
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ACI Summit on Controlled Substances – Regulation, Litigation, and Enforcement

Jan 29-31, 2018

Cadwalader partner Jodi Avergun will discuss “Reassessing your Responsibilities in Light of the Changing Scope of Suspicious Order Monitoring Requirements” at the American Conference Institute’s Summit on Controlled Substances – Regulation, Litigation, and Enforcement.

Related Attorney(s): Jodi Avergun
Related Practice(s): False Claims Act and Health Care Fraud, Global Litigation, Health Care Fraud Strike Force, Pharmaceutical Regulation and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
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7th Annual IBA Finance & Capital Markets Tax Conference

Jan 29-30, 2018

Edward S. Wei will participate on a panel and discuss U.S. Tax Reform—Cross-Border Issues for Funds and Multinationals at the 7th Annual IBA Finance & Capital Markets Tax Conference” in London, United Kingdom.

Related Attorney(s): Edward Wei
Related Practice(s): Tax
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Clients & Friends Memos

2017 Year in Review: Corporate Governance Litigation & Regulation

Jan 09, 2018

Delaware courts have recently issued decisions that have fundamentally altered corporate governance litigation.  In 2016, the Court of Chancery changed the landscape for resolution of class actions on the basis of “disclosure-only” settlements, i.e., settlements without any monetary payment to the class. 


Related Attorney(s): Nathan Bull, Jaclyn Hall, Jason Halper, Adam Magid, Christina Martin, Joseph Moreno, William Simpson, Jared Stanisci
Related Practice(s): Corporate, Global Litigation, White Collar Defense and Investigations
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Avoiding Patent Exhaustion: Structuring Agreements in View of the Latest Jurisprudence

Jan 05, 2018

What do the principles of patent exhaustion have to do with the convenience of disposable consumer products such as individual coffee/tea/beverage pods, disposable diagnostic test strips, refillable ink cartridges and the like? Although transparent to consumers, these principles are important to the innovative companies creating these products and protecting them through IP rights. How a company controls the proprietary rights to make and/or market these components can have profound consequences on maintaining its competitive edge in the marketplace.


Related Attorney(s): Dorothy Auth Ph.D., Howard Wizenfeld
Related Practice(s): Intellectual Property, Patent & Trade Secret Litigation, Patent Preparation & Prosecution
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2017 Year in Review: Securities Litigation and Regulation

Jan 04, 2018

The securities litigation and regulatory landscape in 2017 defies simple categorization.  Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and an additional 99 federal class actions in the third quarter of 2017.  In contrast, new SEC enforcement proceedings declined.


Related Attorney(s): Jodi Avergun, Aaron Buchman, Nathan Bull, Kyle DeYoung, Jason Halper, Adam Magid, James Orth, Jared Stanisci
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation, Securities Enforcement and Compliance, White Collar Defense and Investigations
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Blogs & Newsletters


Recent Blog Postings


Health Care Fraud Focus

Judge Assigned to Opioid MDL Determined to “Solve” the Opioid Crisis

Jan 16, 2018


Northern District of Ohio Judge Dan Polster, boldly asserting that he would attempt to resolve the opioid crisis because federal, state and local governments had failed to do so — presided over a wide-ranging status conference on January 11 in the opioid MDL assigned to him. In November 2017, a panel of federal judges decided... Continue Reading…


Court: CMS’ Broad Authority To Suspend Medicare Payments Based On Alleged Overpayments Beyond Judicial Review Until All Administrative Remedies Are Exhausted

Nov 17, 2017


On October 19, 2017, the United States District Court for the Northern District of Illinois, in the case of MedPro Health Providers, LLC v. Hargan, dismissed a home care agency’s suit — without deciding the merits of the agency’s challenge to a Medicare contractor’s determination to suspend the agency’s Medicare payments.  Noting that the delay... Continue Reading…


Does a 2016 Law Strip DOJ and DEA of Police Powers to Enforce Drug Laws?

Nov 01, 2017


Last week, President Trump declared the opioid crisis a public health emergency. The President’s opioid Commission has now issued its final report with recommendations on how to combat the country’s drug crisis. While both important, neither have a significant impact on law enforcement efforts to address the crisis. That impact will likely come from public... 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 Enforcement and Compliance, 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 Enforcement and Compliance, 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): A. Joseph Jay III
Related Practice(s): FCPA Enforcement and Compliance, White Collar Defense and Investigations
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Trade Alert

Trade Alert - December 2017, Issue 48

Dec 22, 2017


Jurisdiction: Kuwait


Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
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Trade Alert - November 2017, Issue 47

Dec 04, 2017


Jurisdiction: Nigeria


Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
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Trade Alert - October 2017, Issue 46

Nov 01, 2017


Jurisdiction: Turkey


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

Rock Paper Scissors: Religious Freedom or Equal Rights?

Nov 1, 2017

During the fifth installment of the Civil Rights Series – "Rock Paper Scissors: Religious Freedom or Equal Rights?" – Janson Wu, Executive Director at GLAD and Columbia Law Professor Suzanne Goldberg led a discussion on the class of two core American values – religious freedom and freedom from discrimination. We discussed historical cases and the Masterpiece Cakeshop case.


Related Page(s): Civil Rights Series, Diversity & Inclusion

Fanning the Flames: The Rise in Hate Crimes in America

Sep 13, 2017

Kenneth Jacobson, Deputy National Director Anti-Defamation League, and Christopher Magyarics, Senior Investigative Researcher and Training Coordinator Anti-Defamation League’s Center on Extremism, led an open discuss on the rise in hate crimes in America and how we can play a larger role to combat them. 


Related Page(s): Diversity & Inclusion

Marching for Justice: A Discussion with Women’s March Founders

July 19, 2017

Three founders and organizers of the historic Women’s March - Mrinalini Chakraborty, Emma Collum and Breanne Butler - discussed the history of social activism, the genesis of the Women’s March and future plans.


Related Page(s): Diversity & Inclusion

Cadwalader News

ACI Summit on Controlled Substances: Regulation, Litigation and Enforcement

Jodi Avergun is speaking at this ACI event on January 30 in Washington, DC.

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