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

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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SEC Scrutiny Of Non-GAAP Disclosures Likely To Continue

Mar 28, 2017

Law360

Non-GAAP measurements serve a valid purpose, which is to improve and supplement a company’s financial disclosures and provide additional comparability between periods and among firms. However, because non-GAAP disclosures are by definition unshackled from the prescriptions of GAAP, they are susceptible to potential manipulation and vulnerable to claims that they were used to mislead investors.


Related Attorney(s): Bret Campbell, J. Robert Duncan, Joseph Moreno
Related Practice(s): Corporate & Securities Litigation, Litigation
Related Office(s): Washington
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How Colleges Can Avoid Title IX Pitfalls

Mar 28, 2017

University Business

The authors discuss how to provide due process to higher ed students accused of sexual misconduct.


Related Attorney(s): Alexander Hokenson, A. Joseph Jay III, Colleen Kukowski, Anne Tompkins
Related Practice(s): Litigation
Related Office(s): Charlotte, Washington
read more »
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Events

Finance Forum 2017

Nov. 8, 2017

Cadwalader is proud to sponsor 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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CREFC Annual Conference 2017

Jun 5-7, 2017

Cadwalader is proud to sponsor the 2017 CREFC Annual Conference. The CRE Finance Council (CREFC) is the trade association for the $3.8 trillion commercial real estate finance industry. More than 300 companies and 9,000 individuals are members of CREFC. Member firms include balance sheet and securitized lenders, loan and bond investors, private equity firms, servicers and rating agencies, among others.

Related Attorney(s): Michael Gambro, Stuart Goldstein, William McInerney
Related Practice(s): Real Estate, Securitization & Asset Based Finance
Related Office(s): Charlotte, New York
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This Land is Our Land: Oyama v. California

May 31, 2017

Cadwalader is proud to once again host the New York premiere of a case reenactment developed and presented by the Asian American Bar Association of New York.  Please join us on May 31, 2017 at the New York office of Cadwalader for the reenactment of a case that challenged California’s use of its Alien Land Law against a Japanese American family and was ultimately decided by the Supreme Court of the United States in 1948.

Related Attorney(s): Kathy Chin, Jessica Wong
Related Office(s): New York
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Clients & Friends Memos

The Delaware Chancery Court’s Columbia Pipeline and Saba Software Decisions: Lessons beyond Corwin

Apr 27, 2017

Two recent decisions from the Delaware Court of Chancery faithfully apply the Delaware Supreme Court’s holding in Corwin v. KKR Financial Holdings LLC.  No surprise there.  Corwin held that when “a transaction not subject to the entire fairness standard is approved by a fully informed, uncoerced vote of the disinterested stockholders, the business judgment rule applies.”  That is so even if, pre-Corwin, an all-cash merger otherwise would have been subject to enhanced scrutiny under Revlon


Related Attorney(s): Alejandra Contreras, Jason Halper, Hyungjoo Han
Related Practice(s): Corporate & Securities Litigation, Litigation, Mergers & Acquisitions
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UK Proposal for Register of Foreign Beneficial Ownership of Real Estate Continues Global Trend Toward Transparency

Apr 20, 2017

On 5 April 2017, the UK Department for Business, Energy & Industrial Strategy (the “Department”) issued a call for evidence (the “proposal”) for a public register (the “foreign ownership register”) detailing the beneficial ownership of foreign companies or foreign entities that own or buy UK property, or that participate in certain UK central government procurement activities.[1] The proposal responds to recent pressure on the UK government to enhance the transparency of foreign property investment, and is the latest global effort to increase transparency and prevent legal entities being used to camouflage money laundering and other corrupt activities.

 


Related Attorney(s): Jodi Avergun, Steven Baker, Joseph Moreno, Janaki Tampi
Related Practice(s): Litigation, White Collar Defense and Investigations
Related Office(s): London, Washington
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Broadband Internet Service Providers In Regulatory Limbo After Repeal of FCC Privacy and Data Security Rules

Apr 20, 2017

Potentially signaling the end of the short-lived stint by the Federal Communication Commission (“FCC”) to regulate consumer data privacy on the internet, the Trump Administration recently repealed Obama-era data privacy and security rules for broadband providers.  The action, passed by Congress and signed by President Trump pursuant to the Congressional Review Act, completely rescinds the rules that would have gone into effect later this year.  


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


Recent Blog Postings

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): Bret Campbell, J. Robert Duncan, James Treanor
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Beyond the Basics: First DOJ Declinations under FCPA Pilot Program Include New “Resourcing” Factors

Jun 09, 2016


In April 2016, the DOJ’s release of its FCPA Enforcement Plan and Guidance (the “Pilot Program”) confirmed an evolution in the agency’s view of the elements of an effective FCPA compliance program.


Related Attorney(s): Bret Campbell
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): Bret Campbell, James Treanor
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
read more »

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Trade Alert

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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Trade Alert - February 2017, Issue 38

Feb 28, 2017


Jurisdiction: Ireland


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

Trade Alert - January 2017, Issue 37

Feb 01, 2017


Jurisdiction: France


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

The Vietnamese Fishermen v. The Ku Klux Klan

May 11, 2016

The Cadwalader Asian Pacific American Attorney Resource Group and the Asian American Bar Association of New York (AABANY) presented a historical reenactment of the Vietnamese Fisherman v. the Ku Klux Klan. Members of AABANY, Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit told the story of the Vietnamese Fisherman fighting to stop the Klan’s campaign of violence & intimidation, through reenactment of court proceedings, narration and historic photographs.


Related Attorney(s): Kathy Chin, Jessica Wong
Related Page(s): Asian Pacific American Attorney Resource Group, Diversity & Inclusion

Securitisation is coming to the UK

Oct 20, 2015

Jeremiah Wagner moderated a panel discussion with participants from Funding Circle, Zopa, Deutsche Bank and others at Lendit London 2015, a major conference on marketplace lending.


Related Attorney(s): Jeremiah Wagner
Related Practice(s): Fintech, Securitization & Asset Based Finance

Justice Denied: Wards Cove Packing Co. v. Atonio

May 12, 2015

Members of the Asian American Bar Association of New York, including Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit presented a case reenactment of Wards Cove Packing Co. v. Atonio, a landmark employment discrimination case. The presentation told the story of the Wards Cove workers through narration, reenactment of court proceedings, and historic photographs.


Related Attorney(s): Kathy Chin, Jessica Wong
Related Page(s): Asian Pacific American Attorney Resource Group, Diversity & Inclusion

Kenneth Wainstein on FOX Business: Discusses the Independent Investigation at UNC-Chapel Hill

Oct 24, 2014

Ken Wainstein, chair of the firm’s White Collar Defense and Investigations Group, discusses the findings in his team’s report, “Investigation of Irregular Classes in the Department of African and Afro-American Studies at the University of North Carolina at Chapel Hill,” with FOX Business.


Related Attorney(s): A. Joseph Jay III, Colleen Kukowski, Kenneth Wainstein
Related Practice(s): White Collar Defense and Investigations

Kenneth Wainstein on PBS NewsHour: Discusses the Independent Investigation at UNC-Chapel Hill

Oct 23, 2014

Ken Wainstein, chair of the firm’s White Collar Defense and Investigations Group, speaks with PBS’ Gwen Ifill about the findings in his team’s report, “Investigation of Irregular Classes in the Department of African and Afro-American Studies at the University of North Carolina at Chapel Hill.”


Related Attorney(s): A. Joseph Jay III, Colleen Kukowski, Kenneth Wainstein
Related Practice(s): White Collar Defense and Investigations

Kenneth Wainstein on Today Show: Discusses Findings of Independent Investigation at the UNC-Chapel Hill

Oct 23, 2014

Ken Wainstein, chair of the firm’s White Collar Defense and Investigations Group, discusses the findings in his team’s report, “Investigation of Irregular Classes in the Department of African and Afro-American Studies at the University of North Carolina at Chapel Hill,” with NBC News.


Related Attorney(s): A. Joseph Jay III, Colleen Kukowski, Kenneth Wainstein
Related Practice(s): White Collar Defense and Investigations

22 Lewd Chinese Women: Chy Lung v. Freeman Case Reenactment

Jan 30, 2014

Cadwalader, a long-time sponsor of the Asian American Bar Association of New York (AABANY), hosted the first performance in New York City of AABANY’s “22 Lewd Chinese Women” reenactment. The presentation, featuring Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit, told the story of the 22 women, through narration, reenactment of court proceedings, and historic photographs.


Related Attorney(s): Kathy Chin, Jessica Wong
Related Page(s): Asian Pacific American Attorney Resource Group, Diversity & Inclusion

Scott Cammarn Discusses the Passage of the Final Volcker Rule in an Interview with Bloomberg

Dec 11, 2013

The Federal Reserve Board ("FRB"), FDIC, Officer of the Comptroller of the Currency ("OCC"), SEC and CFTC (the "Agencies") issued final rules implementing Section 619 of the Dodd-Frank Act, commonly known as the "Volcker Rule."


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

Heart Mountain: Conscience, Loyalty and the Constitution

July 11, 2013

Through narration, reenactment of court proceedings, and historic photographs, the presentation tells the story of the Heart Mountain draft resisters, 63 Japanese-Americans who were interned at the Heart Mountain Relocation Center in Wyoming during WWII and refused to report for U.S. military service until their rights as citizens were restored.


Related Attorney(s): Kathy Chin
Related Page(s): Asian Pacific American Attorney Resource Group, Diversity & Inclusion

VS.: Interview with FBI Anti-trafficking Unit

Dec 11, 2012

An interview with members of the FBI's anti-trafficking unit.


Related Attorney(s): Dorothy Auth Ph.D.
Related Page(s): Alumni, Community Outreach, Pro Bono and Public Service

Reenactment of Ozawa and Thind

Feb 28, 2012

As two Asian-Americans sought to become U.S. citizens, the U.S. Supreme Court considered issues of race, color, and citizenship. The petitioner in the first case was represented by George Wickersham, and both cases were heard by the Supreme Court when William Howard Taft (the brother of former Cadwalader partner Henry W. Taft) was Chief Justice. This program was presented at the National Asian Pacific American Bar Association 2011 Convention by members of the Asian American Bar Association of New York, including several Cadwalader attorneys, with the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit serving as moderator.


Related Attorney(s): Kathy Chin
Related Page(s): Asian Pacific American Attorney Resource Group, Diversity & Inclusion

Competition Law in the Financial Services Sector | May 30 | London

Vincent Brophy will speak at this key industry event.

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