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

Issues in Structured Lending

July 12, 2017

A program covering the latest trends and issues in the structured lending market. 

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

July 19, 2017

The third installment of our Civil Rights Series will feature Mrinalini Chakraborty, Emma Collum and Breanne Butler, three of the founders and organizers of the historic Women’s March that took place around the world on January 21.

Related Office(s): New York
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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

English Court of Appeal Confirms Primacy of Choice of Governing Law Clause in ISDA Master Agreements

Jun 29, 2017

On 15 June 2017 the English Court of Appeal handed down a significant judgment in Dexia Crediop S.p.A. v Comune di Prato. The Court’s unanimous judgment confirmed that the nature of an agreement made pursuant to an ISDA Master Agreement will be sufficiently international in character to prevent the application of any mandatory rules of local law. The ISDA Master Agreement in question, contained an English law choice of law clause and a clause conferring jurisdiction on the English courts. The decision follows a series of challenges made by several European public authorities in the English courts, arguing that notwithstanding the choice of law adopted by parties to an ISDA Master Agreement, Article 3(3) of the Rome Convention permits the application of mandatory local rules. This decision builds on the Court of Appeal’s decision in Banco Santander Totta SA v Companhia Carris de Ferro de Lisboa SA leaving only limited scope for such choice of law challenges in the English courts.


Related Attorney(s): Steven Baker, Jenna Rennie, Janaki Tampi
Related Practice(s): Litigation
Related Office(s): London
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Agreement Reached on Form of New EU Securitisation Regulation and on Amendments to the Capital Requirements Regulation

Jun 27, 2017

The EU legislative institutions have now agreed compromise amendments to the proposed EU regulation intended to lay down common rules on securitisation and to create a European framework for “simple, transparent and standardised” (“STS”) securitisation. They have also agreed compromise amendments to the proposed regulation amending the Capital Requirements Regulation, which includes a new hierarchy of approaches for calculating exposures to securitisation transactions and provisions designed to result in the regulatory capital requirements for exposures to STS securitisations being lower than those for non-STS securitisations. This memorandum discusses the compromises reached on these EU regulations.


Related Attorney(s): Suzanne Bell, Robert Cannon, Merryn Craske, Stephen Day, Neil Macleod, Claire Puddicombe, David Quirolo, Nick Shiren, Daniel Tobias, Jeremiah Wagner
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
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Latest Court Decision Addresses New York’s Limits on Executive Compensation and Administrative Costs of State-Funded Providers -- Third Department Tosses “Soft” Cap But Affirms “Hard” Cap

Jun 23, 2017

On June 22, 2017, the New York State Appellate Division, Third Department issued a decision in LeadingAge New York v. Shah on the validity of regulations promulgated by the Department of Health (“DOH”), pursuant to Executive Order 38 (“EO 38”), that limit executive compensation and administrative costs for certain State-funded providers.


Related Attorney(s): Jared Facher, Pamela Landman, Brian McGovern
Related Practice(s): Health Care, Not-for-Profit Institutions
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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
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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
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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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