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

From Bills Of Lading To Blockchain Structures

Aug 10, 2017

Law360

The emergence of blockchain technology in commodities trading raises important questions about the future of bills of lading and how these novel technologies fit with the legal concepts surrounding documents of title.


Related Attorney(s): Martin Horowitz, Stephen Johnson, Christopher McDermott, Jeffrey Nagle
Related Practice(s): Corporate Finance
Related Office(s): Charlotte
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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): Cybersecurity and Data Privacy, Litigation, White Collar Defense and Investigations
Related Office(s): New York, Washington
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Events

Fund Finance Summer Update 2017

Sep 7, 2017

Cadwalader, Wickersham & Taft LLP and Ropes & Gray LLP are sponsoring this year’s Fund Finance Summer Update in Boston, Massachusetts on September 7th.

Related Attorney(s): Tim Hicks, Michael Mascia, Wesley Misson
Related Practice(s): Fund Finance
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An Evening with Congressman Lee Zeldin

Sep 14, 2017

The Cadwalader Veterans Network is honored to host Congressman Lee Zeldin, United States House of Representatives, 1st Congressional District of New York and a member of the House Financial Services Committee and the House Foreign Affairs Committee, with an Introduction by Lieutenant Colonel Joseph Moreno, United States Army Reserve and Partner, Cadwalader, Wickersham & Taft LLP.

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American Conference Institute's 14th National Forum on Energy Trading Compliance and Regulatory Enforcement

Nov 1-3, 2017

Cadwalader counsel George D. Billinson will be participating in a workshop primer entitled "Energy Trading Regulation and Compliance Boot Camp: A Guide to Relevant Agencies, Key Regulations, and Compliance Fundamentals", at the ACI's 14th National Forum on Energy Trading Compliance and Regulatory Enforcement.

Related Attorney(s): George Billinson
Related Practice(s): Energy & Commodities
Related Office(s): Washington
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Clients & Friends Memos

D.C. Circuit Upholds DOE’s Authorization of LNG Exports from the Freeport LNG Terminal

Aug 16, 2017

On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied natural gas (“LNG”) to Non-Free Trade Agreement (“non-FTA”) nations from the Freeport LNG terminal.


Related Attorney(s): Mark Haskell, Lamiya Rahman, Brett Snyder
Related Practice(s): Energy & Commodities, Energy & Commodities Regulation & Compliance
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US Second Circuit Finds Testimony Compelled by UK Regulators to be Inadmissible in Criminal Proceedings

Jul 26, 2017

Creating a potential new impediment for collaboration between UK and US investigators, the Court of Appeals for the Second Circuit in New York recently held that evidence derived from compelled testimony cannot be used in a criminal case in the United States, even if the testimony was lawfully obtained in the foreign jurisdiction.  In overturning the convictions of two former Rabobank traders charged with manipulation of the London Interbank Offered Rate, the Second Circuit in United States v. Allen adopted a broad view of the Fifth Amendment right against involuntary self-incrimination as it applies to statements made to foreign regulators and law enforcement.  The decision will make it more likely that compelled statements made to investigators in the UK and elsewhere will be inadmissible against criminal defendants in the US.


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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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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Blogs & Newsletters


Recent Blog Postings


Health Care Fraud Focus

Potential Obstacle To Effective Internal Compliance Reporting System? The False Claims Act

Aug 14, 2017


Yes, you read the title of this post correctly.  Under the False Claims Act, a whistleblower is not required to report compliance concerns internally through a company’s internal reporting system before filing a “qui tam” court action.  Indeed, the False Claims Act — with its potential “bounty” of 15 to 30 percent of the government’s... Continue Reading…


DEA Win Increases Pressure on Wholesale Drug Distributors

Aug 03, 2017


Under the federal Controlled Substances Act, DEA registrants are required to prevent the diversion of controlled substances outside the closed system of distribution that governs and licenses those entities and individuals who can manufacture, distribute, dispense and prescribe controlled substance medications.  One of the hallmarks of the closed system of distribution is the duty of... Continue Reading…


AG Sessions Sends Mixed Messages on Health Care Fraud

Jul 27, 2017


In early July, and with little fanfare, Attorney General Jeff Sessions and the Department of Justice (DOJ) all but gutted the Health Care Corporate Fraud Strike Force – stripping it of several key personnel.  Nevertheless, the investigation and prosecution of health care fraud will likely continue, and the Department will remain vigorous in its pursuit... 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): Peter Carey, A. Joseph Jay III
Related Practice(s): FCPA Enforcement and Compliance, White Collar Defense and Investigations
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Trade Alert

Trade Alert - July 2017, Issue 43

Aug 01, 2017


Jurisdiction: Croatia


Related Attorney(s): Louisa Watt
Related Practice(s): Debt & Claims Trading, Financial Restructuring
Related Office(s): London
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Trade Alert - June 2017, Issue 42

Jun 30, 2017


Jurisdiction: Spain


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

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

The Domino Effect: If Abortion Rights Fall, LGBT Rights Are Next

June 20, 2017

Nancy Northup, President & CEO of the Center for Reproductive Rights, and Rachel Tiven, CEO of Lambda Legal, led an open discussion of LGBT rights, reproductive rights and the intersectionality of each group’s civil rights.


Related Page(s): Diversity & Inclusion

"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

Finance Forum 2017

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

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