Recent Press

5 Takeaways As DEA Mulls Slashing Opioid Output

Apr 19, 2018

Law360
Jodi Avergun comments on the U.S. Drug Enforcement Administration’s plan to examine the extent to which prescription opioids are diverted for illicit purposes when setting limits on manufacturing.

Related Attorney(s): Jodi Avergun
Related Practice(s): Pharmaceutical Regulation and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


The Health 202: Why Cleveland is on the Front Lines of Legal Battle Against Opioid Makers

Apr 09, 2018

The Washington Post
Jodi Avergun comments on the battle between the drug industry and communities scourged by mounting overdoses and deaths from opioid abuse.

Related Attorney(s): Jodi Avergun
Related Practice(s): Global Litigation, Pharmaceutical Regulation and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


4 Ways #MeToo Is Affecting Executive

Apr 09, 2018

Law360
The #MeToo movement that has made headlines and spelled professional downfall for many powerful men accused of sexual misconduct in the workplace is also prompting companies to take a fresh look at their approach to executive compensation. David Teigman comments.

Related Attorney(s): David Teigman
Related Practice(s): Executive Compensation & Benefits, Executive Compensation, Benefits & ERISA
Related Office(s): New York
read more »


3 Things Trump COULD Actually Do to Hurt Amazon.com, Inc. Stock

Apr 05, 2018

InvestorPlace.com
Amy Ray comments on President Trump’s recent verbal assault on e-commerce giant Amazon.com, Inc. 

Related Attorney(s): Amy Ray
Related Practice(s): Antitrust
Related Office(s): Washington
read more »


Delaware Rundown: What You Missed In Q1

Apr 05, 2018

Law360
The Delaware judiciary over the first three months of 2018 slashed deal prices in a series of stock appraisal cases and took a stand against improperly restrictive director nominating and eligibility bylaws. Nathan Bull comments.

Related Attorney(s): Nathan Bull
Related Practice(s): M&A Litigation, Mergers & Acquisitions
Related Office(s): New York
read more »


Bonds to the Rescue

Apr 04, 2018

International Financing Review
Matthew Feig comments on the catastrophe bond markets and sovereign issuers.

Related Attorney(s): Matthew Feig
Related Practice(s): Insurance Products, Insurance and Reinsurance, Insurance-Linked Securities
Related Office(s): New York
read more »


CLO Managers Bank on No Appeal to Dodd-Frank Exemption

Mar 26, 2018

Investing.com
Collateralized Loan Obligation (CLO) funds are already being issued that do not comply with Dodd-Frank risk-retention rules, as managers bet that regulators will not appeal a February court decision. Neil Weidner comments.

Related Attorney(s): Neil Weidner
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): New York
read more »


4 Things To Watch As AT&T-Time Warner Trial Picks Up Steam

Mar 26, 2018

Law360
Amy Ray comments on the U.S. Department of Justice’s blockbuster trial over AT&T’s planned purchase of Time Warner.

Related Attorney(s): Amy Ray
Related Practice(s): Antitrust
Related Office(s): New York
read more »


FINRA Rule 4210: Managers Beware of Margin Calls

Mar 20, 2018

FinOps Report
Nihal Patel comments on the Financial Industry Regulatory Authority's new Rule 4210, which becomes effective in less than 100 days.

Related Attorney(s): Nihal Patel
Related Practice(s): Broker-Dealer Regulation, Financial Regulation
Related Office(s): New York
read more »


Facebook Shares Tumble as Regulatory Pressure Intensifies

Mar 19, 2018

Financial Times
Kyle DeYoung comments on the regulatory scrutiny Facebook is facing after claims that an analytics firm used by Donald Trump’s presidential campaign improperly received data about 50 million users of the social network.

Related Attorney(s): Kyle DeYoung
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation, White Collar Defense and Investigations
Related Office(s): Washington
read more »


DOJ, AT&T Set to Spar Over Future of Media Industry

Mar 16, 2018

Law360
The U.S. Department of Justice will soon step into court Monday for its first trial challenging an almost purely vertical merger in 40 years, alleging that AT&T’s planned $85 billion purchase of Time Warner will give AT&T too much power over rival distributors. Amy Ray comments.

Related Attorney(s): Amy Ray
Related Practice(s): Antitrust
Related Office(s): Washington
read more »


Royal Caribbean Can’t Cruise Away from U.S. Stored Data Order

Mar 09, 2018

Bloomberg Law
Joseph Moreno comments on the Stored Communications Act (SCA) order that the U.S. government recently served Royal Caribbean Cruises as part of a money laundering probe.

Related Attorney(s): Joseph Moreno
Related Practice(s): Anti-Money Laundering Investigations and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Vegas ABS Bash Draws 7,000 as Market Enjoys Boom Times

Feb 28, 2018

Global Capital Euroweek
Risk retention prompted a good deal of conversation among attendees at the Structured Finance Industry Group’s “SFIG Vegas 2018” event (February 25-28). The talk this year centered not on the impact of the rule's implementation, but on its likely rollback in the CLO market and whether this will have wider ramifications for other securitization asset classes. Gregg Jubin comments.

Related Attorney(s): Gregg Jubin
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): Washington
read more »


The Health 202: States are Going After Opioid Makers

Feb 26, 2018

The Washington Post
Jodi Avergun comments on the possibility of opioid makers being held responsible for the abuse of their products.

Related Attorney(s): Jodi Avergun
Related Practice(s): Pharmaceutical Regulation and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


A South Texas County Drags PBMs into Nationwide Lawsuit Over Opioids

Feb 26, 2018

STAT News
Jodi Avergun comments on a case in Webb County, Texas, that names pharmacy benefit managers (PBMs) as defendants in a municipal opioid lawsuit.

Related Attorney(s): Jodi Avergun
Related Practice(s): Pharmaceutical Regulation and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Tesla Pay Plan Offers Big Vision: Experts

Feb 12, 2018

Agenda/Financial Times
David Teigman comments on Tesla CEO Elon Musk’s aggressive 10-year performance plan announced by the board in January. Pending the plan’s approval, Musk could be entitled to a total of $55 billion over 10 years.

Related Attorney(s): David Teigman
Related Practice(s): Executive Compensation & Benefits, Executive Compensation, Benefits & ERISA
Related Office(s): New York
read more »


Investors Demand Change When They Don't Like What They See

Feb 10, 2018

Modern Healthcare
Richard Brand comments on the interaction between shareholder activists and board members.

Related Attorney(s): Richard Brand
Related Practice(s): Corporate, Corporate Governance, Health Care
Related Office(s): New York
read more »


Tightening CLO Spreads to Drive Further Refis and Resets; Document Restrictions and Brexit May Prompt Managers to Opt for Reissuance

Feb 01, 2018

CapitalStructure
David Quirolo comments on European CLO spreads.

Related Attorney(s): David Quirolo
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


Unclear Future for Russian Issuance as US Sanctions Talk Returns

Feb 01, 2018

GlobalCapital
James Treanor comments on the recent publication of a U.S. Treasury Department list that is expected to precede new sanctions on Russian business.

Related Attorney(s): James Treanor
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Economic Sanctions, Securities Enforcement and Compliance, Securitization & Asset Based Finance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Cadwalader Still Dominates Small Field of CMBS Legal Advisors

Jan 26, 2018

Commercial Mortgage Alert
Cadwalader topped the list of legal advisors to U.S. issuers and underwriters of commercial MBS again last year. In a year marked by the introduction of new risk-retention rules, the annual deal count for 2017 jumped by 18 percent to 157. Cadwalader landed the more-coveted role as issuer counsel on 104 of those offerings, up from 89 the previous year, according to Commercial Mortgage Alert’s CMBS database.

Related Attorney(s): Michael Gambro, Stuart Goldstein
Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): Charlotte, New York
read more »


Law Firms Band Together to Feed Hungry New Yorkers

Jan 22, 2018

New York Law Journal
Lary Stromfeld, founder of Justice Served, discusses the annual campaign aimed at ending hunger in New York City. Seventeen major law firms and corporate legal departments are supporting the six-week campaign that begins Feb. 5.

Related Attorney(s): Lary Stromfeld
Related Page(s): Pro Bono Projects, Pro Bono and Public Service
Related Office(s): New York
read more »


The Biggest Energy Cases To Watch In 2018

Jan 01, 2018

Law360
Mark Haskell comments on energy-related litigation that attorneys ought to have on their radar in the coming year, with battles over climate change, pipelines and solar energy imports all on the menu.

Related Attorney(s): Mark Haskell
Related Practice(s): Energy Regulation & Litigation
Related Office(s): Washington
read more »


Securities Regulation To Watch In 2018

Jan 01, 2018

Law360
Jeffrey Robins comments on the potential actions that will keep the Securities and Exchange Commission and the Commodity Futures Trading Commission busy in 2018.

Related Attorney(s): Jeffrey Robins
Related Practice(s): Commodities & Futures Regulation, Corporate & Financial Services Litigation & Regulation, Financial Regulation
Related Office(s): New York
read more »


Merger Reviews To Watch In 2018

Jan 01, 2018

Law360
Amy Ray comments on the key antitrust cases, merger reviews and challenges to watch in the year ahead.

Related Attorney(s): Amy Ray
Related Practice(s): Antitrust, Antitrust Litigation & Civil Investigations, M&A Clearance & Counseling
Related Office(s): Washington
read more »


Energy Regulation To Watch In 2018

Jan 01, 2018

Law360
While the energy sector will be keeping a close eye on the Trump administration's deregulatory push, including repeals of the Clean Power Plan and other climate change regulations, the administration's controversial plan to prop up coal and nuclear power plants will also garner plenty of attention in the coming year. Mark Haskell comments on the regulatory actions energy attorneys will be watching in 2018.

Related Attorney(s): Mark Haskell
Related Practice(s): Energy Regulation & Litigation, Regulation, Compliance, and Administrative Litigation
Related Office(s): Washington
read more »


DOJ Policies And Trends To Watch In 2018

Jan 01, 2018

Law360
Jodi Avergun comments on potential shifts in the U.S. Department of Justice’s policies and practices in the corporate criminal enforcement space in 2018.

Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »


DOJ Prosecutor Data Search Guide May Boost Tech, Cloud Services

Dec 15, 2017

BNA Bloomberg
Joseph Moreno comments on new Department of Justice guidance that stipulates prosecutors should request data directly from companies - not their cloud service providers.

Related Attorney(s): Joseph Moreno
Related Practice(s): Cybersecurity and Data Protection, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Riding the Refinancing Wave

Dec 14, 2017

Structured Credit Investor
Michael Gambro comments on the CMBS market, single-asset/single-borrower (SASB) transactions and the risk retention rules.

Related Attorney(s): Michael Gambro
Related Practice(s): Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): New York
read more »


North Carolina County Goes Public With Ransomware Attack

Dec 12, 2017

Bloomberg Law
A North Carolina county went public with its recent ransomware attack and decision not to pay a ransom, providing a rare look inside such crippling hacks, the vast majority of which are kept under wraps. Joseph Moreno comments on transparency during ransomware attacks. 

Related Attorney(s): Joseph Moreno
Related Practice(s): Cybersecurity and Data Privacy, Cybersecurity and Data Protection
Related Office(s): Washington
read more »


New Investment Era Embedded

Dec 08, 2017

SCI (Structured Credit Investor)
It has been a banner year for US CLOs, with new issue volumes already topping $100 billion, plus resets and refinancings accounting for a further $140 billion. Neil Weidner comments on the implementation and affect of risk retention requirements.

Related Attorney(s): Neil Weidner
Related Practice(s): CLOs, Derivatives & Structured Products, Structured Products
Related Office(s): New York
read more »


Icap European Sef Faces Axe as US, EU Reach Equivalence Deal

Dec 07, 2017

Risk
Nihal Patel comments on mutual recognition of trading venues by European Union and US regulators, agreed on December 5, which could spell the end for TP Icap’s dual-registered swap execution facility in Europe.

Related Attorney(s): Nihal Patel
Related Practice(s): Derivatives & Structured Products, Financial Regulation, OTC Derivatives, Swap Regulation
Related Office(s): New York
read more »


CFTC Enforcement Head on Criticism of Self-reporting Policy

Dec 07, 2017

IFLR
Kyle DeYoung comments on the CFTC's new take on enforcement, specifically self-reporting and cooperation.

Related Attorney(s): Kyle DeYoung
Related Practice(s): Corporate & Financial Services Litigation & Regulation
Related Office(s): Washington
read more »


Runaway Ransomware in 2018? Look for Enforcers to Take Notice

Dec 05, 2017

BNA Bloomberg
Ransomware attacks on companies are on the rise, opening the door to federal and state enforcement actions based on regulators’ claims of inadequate corporate cybersecurity. Joseph Moreno comments.

Related Attorney(s): Joseph Moreno
Related Practice(s): Cybersecurity and Data Protection, White Collar Defense and Investigations
Related Office(s): Washington
read more »


High-Multiple CEO Stock Requirements Rise

Dec 04, 2017

Agenda/Financial Times
The median CEO stock-ownership requirement for the S&P 500 has risen from five times annual salary in 2013 to six times annual salary today, according to ISS. David Teigman comments on CEO stock-ownership policies.

Related Attorney(s): David Teigman
Related Practice(s): Executive Compensation & Benefits, Executive Compensation, Benefits & ERISA
Related Office(s): New York
read more »


Broken Windows, Admissions and Stale Conduct: The State of Enforcement at the SEC

Nov 15, 2017

The Anti-Corruption Report
Kyle DeYoung discusses recent comments by top SEC enforcement officials that point to a potential shift away from previous approaches, such as “broken windows” and requiring admissions in certain cases.

Related Attorney(s): Kyle DeYoung
Related Practice(s): Corporate & Financial Services Litigation & Regulation, FCPA Enforcement and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


GOP Tax Plan Kills Performance-Based Pay Deduction

Nov 13, 2017

Agenda
The House Ways and Means Committee scrapped plans Thursday that would have made sweeping changes to the tax treatment of deferred compensation in the new GOP tax reform plan. The new bill is scheduled to go to a vote on the House floor this week. David Teigman comments.

Related Attorney(s): David Teigman
Related Practice(s): Executive Compensation, Benefits & ERISA
Related Office(s): New York
read more »


Market Mulls Trade-offs From PRA on London ILS

Nov 10, 2017

Trading Risk
Robert Cannon comments on Prudential Regulation Authority (PRA)'s guidelines on the London ILS framework.

Related Attorney(s): Robert Cannon
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


Clawback Measure's Impact On Corruption Cases Debated

Nov 09, 2017

New York Law Journal
Todd Blanche comments on New York's Proposal 2, overwhelmingly approved by voters, which gives judges the power to claw back pension benefits from public officials convicted of feloniously misusing the powers of their offices.

Related Attorney(s): Todd Blanche
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): New York
read more »


SEC Shows Off Cybersecurity Muscle Following EDGAR Breach

Nov 08, 2017

Think Advisor
Joseph Moreno comments on the Securities and Exchange Commission's new cybersecurity initiatives.

Related Attorney(s): Joseph Moreno
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Cybersecurity and Data Privacy
Related Office(s): Washington
read more »


SEC to Dial Back Sweep Exams, Trim Enforcement Squad

Nov 06, 2017

Ignites
Kyle DeYoung comments on recent comments by SEC officials indicating that the agency is likely to bring fewer cases focused on minor infractions as head count in the enforcement division shrinks.

Related Attorney(s): Kyle DeYoung
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation
Related Office(s): Washington
read more »


Quincy Plans to Sue Big Drug Makers Over Opioid Crisis

Nov 01, 2017

The Boston Globe
Jodi Avergun comments on the city of Quincy's plan to become the first city in Massachusetts to sue the pharmaceutical industry for allegedly downplaying the dangers of opioids and flooding the market with addictive and deadly painkillers.

Related Attorney(s): Jodi Avergun
Related Practice(s): Pharmaceutical Regulation and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Jodi Avergun Featured on PBS Report on U.S. Opioid Crisis

Oct 18, 2017

PBS NewsHour Weekend
White Collar Defense & Investigations leader Jodi Avergun was a featured commentator last week in a PBS NewsHour Weekend special report on the U.S. opioid crisis.

Related Attorney(s): Jodi Avergun
Related Practice(s): Global Litigation, Pharmaceutical Regulation and Compliance
Related Office(s): Washington
read more »


Coin Offering ‘Tokens’ Can Be Regulated by CFTC, Agency Says

Oct 17, 2017

Bloomberg BNA
Joseph Moreno comments on the CFTC’s authority in the virtual currency realm.

Related Attorney(s): Joseph Moreno
Related Practice(s): Cybersecurity and Data Privacy, Cybersecurity and Data Protection, Global Litigation, Securities Enforcement and Compliance
Related Office(s): Washington
read more »


New Anti-Terrorism Chief to Tackle Differing U.S.-EU Regulations

Aug 01, 2017

Bloomberg BNA
Joseph Moreno comments on how Sigal Mandelker, the Treasury Department’s recently confirmed head of anti-terrorism and anti-money laundering, might approach her new role.

Related Attorney(s): Joseph Moreno
Related Practice(s): Anti-Money Laundering Investigations and Compliance, National Security, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Cadwalader Among Firms Working on Largest CMBS Loans

Jul 28, 2017

Law360
The first half of 2017 saw five commercial mortgage-backed securities loans north of $1 billion and a small group of law firms, including Cadwalader, working on the largest deals.

Related Attorney(s): William McInerney, Susan Vuernick, Bonnie Neuman, Jamie Rothman
Related Practice(s): Real Estate
Related Office(s): New York
read more »


What Could President Trump Actually Do to Amazon and Jeff Bezos?

Jul 26, 2017

The Street
Amy Ray comments on a series of tweets by President Trump calling Amazon a monopoly and suggest that the online retailer be investigated for anti-competitive practices at odds with the Sherman Antitrust Act.

Related Attorney(s): Amy Ray
Related Practice(s): Antitrust
Related Office(s): Washington
read more »


Managing Partner Pat Quinn Talks with Forbes: On Values, Culture and Reassessing Strategy in a Centuries-old Law Firm

Jul 24, 2017

Forbes
Cadwalader’s Managing Partner Pat Quinn discusses the firm’s strategic focus, compensation model, collaboration within the firm, and the future of the legal market, among other things, in a forbes.com interview.

Related Attorney(s): Patrick Quinn
read more »


Trump Set to Axe US Anti-tax Avoidance Measures

Jul 18, 2017

Transfer Pricing (TP) Week
Linda Swartz comments on President Trump’s plans to revoke Obama-era anti-tax avoidance measures including earnings stripping rules, which could cause an upsurge of inversions.

Related Attorney(s): Linda Swartz
Related Practice(s): Tax
Related Office(s): New York
read more »


Jodi Avergun Shares Thoughts with CNN on Chris Wray’s Nomination as FBI Director

Jul 12, 2017

CNN
Cadwalader White Collar Defense and Investigations Group chair Jodi Avergun offers her take on former federal prosecutor Chris Wray, Donald Trump's nominee for FBI director. Avergun previously worked with Wray during President George W. Bush's administration.

Related Attorney(s): Jodi Avergun
Related Practice(s): National Security, White Collar Defense and Investigations
read more »


Jodi Avergun Discusses the US’s Opioid Epidemic on Bloomberg Radio

Jul 07, 2017

Bloomberg Law Show
Cadwalader White Collar Defense and Investigations Group chair Jodi Avergun was a guest on the Bloomberg Law Show on Bloomberg Radio and discussed the increasing number of lawsuits drugmakers and distributors are facing in the wake of the US’s opioid epidemic. Avergun was joined on the program by Dr. Richard Ausness, a professor at the University of Kentucky School of Law.

Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »


Citigroup Trader Non-Prosecution Pact Signals New CFTC Tactic

Jun 30, 2017

Bloomberg BNA
Jodi Avergun comments on the Commodity Futures Trading Commission's first-ever non-prosecution agreements.

Related Attorney(s): Jodi Avergun
Related Practice(s): Derivatives & Structured Products, Energy Regulation & Litigation, Global Litigation, Regulation, Compliance, and Administrative Litigation, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Will the Supreme Court Ruling Affect FCPA Pilot Programme Disgorgement?

Jun 23, 2017

Global Investigations Review
When the Supreme Court issued its ruling on the U.S. Securities and Exchange Commission’s use of disgorgement earlier in June, the effect on the agency’s enforcement of the Foreign Corrupt Practices Act was immediately apparent. Jodi Avergun comments.

Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »


Greek NPL Securitisation May Be a One-off, But Outlook for European NPL ABS Remains Optimistic

Jun 21, 2017

CapitalStructure
Stephen Day comments on the potential use of securitisation for the relief of European banks’ balance sheets from troubled loans.

Related Attorney(s): Stephen Day
Related Practice(s): Distressed Municipal Finance, Distressed Structured Products, Securitization & Asset Based Finance
Related Office(s): London
read more »


Europe’s First Insurance Premium Loan Securitisation

Jun 21, 2017

IFLR
Europe’s first securitisation of insurance premium loans provides a template for unprecedented levels of originator freedom in the region. The £300 million ($379.8 million) deal allows Premium Credit to diversify its funding sources, giving it the flexibility to tap the public market when conditions are right, while maintaining an existing bank facility. Jeremiah Wagner, who led Cadwalader's representation of Premium Credit, discusses the innovative transaction.

Related Attorney(s): Jeremiah Wagner
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »


Attys Dish On Escobar's FCA Impact One Year Later

Jun 16, 2017

Law360
Brian McGovern comments on the U.S. Supreme Court's decision one year ago in Universal Health Services v. Escobar, which jolted False Claims Act litigation by creating a new approach to "implied certification" cases involving undisclosed noncompliance.

Related Attorney(s): Brian McGovern
Related Practice(s): Global Litigation, Health Care
Related Office(s): New York
read more »


Giancarlo Set to Defend CFTC Budget Request at Odds With Trump

Jun 07, 2017

Bloomberg BNA
Acting CFTC Chairman J. Christopher Giancarlo will ask lawmakers on June 8 to give the agency $281.5 million to operate for another year — a request that puts him at odds with the White House that recently nominated him to the position permanently. Steven Lofchie comments.

Related Attorney(s): Steven Lofchie
Related Practice(s): Commodities & Futures Regulation, Energy Regulation & Litigation, Regulation, Compliance, and Administrative Litigation
Related Office(s): New York
read more »


Three Questions on Fund Finance

Jun 06, 2017

Private Equity International
Mike Mascia comments on how general partners typically document the use of fund finance with their limited partners.

Related Attorney(s): Michael Mascia
Related Practice(s): Financial Regulation
Related Office(s): Charlotte
read more »


U.S. State, Local Government Lawsuits Over Opioids Face Uphill Battle

Jun 02, 2017

Reuters
A growing number of U.S. states, counties and cities are filing lawsuits accusing drug companies of deceptively marketing opioid painkillers to downplay their addictiveness, but some lawyers say the industry's highly regulated nature could pose a hurdle to their success. Jodi Avergun comments on the "fundamental weakness" of the lawsuits.

Related Attorney(s): Jodi Avergun
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Compliance Officers: Uniform CFTC and SEC Rules?

Jun 02, 2017

FinOps Report
Nihal Patel discusses the Commodity Futures Trading Commission's attempt to harmonize the rules for CCOs with those of the Securities and Exchange Commission.

Related Attorney(s): Nihal Patel
Related Practice(s): Broker-Dealer Regulation, Commodities & Futures Regulation, Financial Regulation
Related Office(s): New York
read more »


All Eyes on Brussels as Policymakers Tackle Final STS Hurdles

May 26, 2017

CapitalStructure
The European Commission and the EU Council stand a good chance of reaching some agreement with MEPs at the seventh Trialogue meeting on securitisation regulation, scheduled for 30 May, sources said. On Tuesday they will hammer out final details of the Simple Transparent Securitisation (STS) package at a gathering where it is hoped that a final decision on risk retention levels and CRR hierarchy will be reached. David Quirolo discusses some of the challeges.

Related Attorney(s): David Quirolo
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


Budget This

May 26, 2017

The Risk Desk
Robert Zwirb comments on CFTC Commissioner Sharon Bowen's criticism of her agency’s budget, CFTC Chairman Chris Giancarlo's request for $31 million bump in the budget, and the call for funding by way of user fees.

Related Attorney(s): Robert Zwirb
Related Practice(s): Energy Regulation & Litigation, Regulation, Compliance, and Administrative Litigation
Related Office(s): Washington
read more »


Best Practices for Hedge Fund Managers Conducting Cybersecurity Due Diligence on Their Service Providers

May 25, 2017

Hedge Fund & Legal Compliance Digest
In a two-part series, "Best Practices for Hedge Fund Managers Conducting Cybersecurity Due Diligence on Their Service Providers," Hedge Fund & Legal Compliance Digest reviews the most important reasons hedge fund managers should conduct cyber due diligence on third-party service providers, and how hedge fund managers can effectively identify and assess the risks third parties pose to their systems and networks. Dorothy Mehta and Joe Facciponti contributed their thoughts.

Related Attorney(s): Dorothy Mehta
Related Practice(s): Cybersecurity and Data Protection, Financial Regulation, White Collar Defense and Investigations
Related Office(s): New York
read more »


Hidden Complexities Cloud Landmark EU Derivatives Reform

May 04, 2017

Law360
European regulators aim to reform the bloc’s over-the-counter derivatives market, a move lawyers say promises, on the surface, to lessen burdens on smaller firms, corporates and pension funds, but could also lead to a market fragmentation. Assia Damianova discussed the issue with Law360.

Related Attorney(s): Assia Damianova
Related Practice(s): Derivatives & Structured Products, OTC Derivatives
Related Office(s): London
read more »


A Breakdown of Trump’s Tax Reform Plan

Apr 27, 2017

TPWeek
Linda Swartz comments on President Trump's tax reform plan.

Related Attorney(s): Linda Swartz
Related Practice(s): Tax
Related Office(s): New York
read more »


Del. Trust Again Argues It's Due Larger Share Of EFH Pie

Apr 26, 2017

Law360
Mark Ellenberg comments on the clash between the first-lien lenders of Energy Future Holdings Corp and the Delaware Trust Co. 

Related Attorney(s): Mark Ellenberg
Related Practice(s): Bankruptcy Litigation
Related Office(s): Washington
read more »


ILS Managers to Face Increased Costs Post-Brexit

Apr 13, 2017

Trading Risk
Robert Cannon discusses how European ILS managers may have to contend with extra compliance costs following the UK's departure from the EU.

Related Attorney(s): Robert Cannon
Related Practice(s): Insurance-Linked Securities, Securitization & Asset Based Finance
Related Office(s): London
read more »


City Firms Feel Rising Heat Of Economic Crime Enforcement

Apr 03, 2017

Law360
Steven Baker comments on the recent spate of activity from UK enforcement agencies, coming as the Criminal Finances Bill nears the end of the legislative process, and how firms need to think about combatting economic crime.

Related Attorney(s): Steven Baker
Related Practice(s): Global Litigation
Related Office(s): London
read more »


5 Reasons EU Securitization Laws Have Hit A Wall

Mar 14, 2017

Law360
Nick Shiren discusses Europe’s moribund asset-backed securities market and what it will take to reignite it.

Related Attorney(s): Nick Shiren
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »


Charlotte’s U.S. Attorney Survived the Weekend Dismissals, but...

Mar 13, 2017

The Charlotte Observer
Anne Tompkins discusses the Trump Administration's dismissal of 46 U.S. attorneys. 

Related Attorney(s): Anne Tompkins
Related Practice(s): Global Litigation
Related Office(s): Charlotte
read more »


Spring 2017 Budget: Leading Tax Practitioners Tell Us What They Think

Mar 10, 2017

Thompson Reuters Practical Law
Adam Blakemore discusses the UK's Spring 2017 Budget from a tax perspective.

Related Attorney(s): Adam Blakemore
Related Practice(s): Tax
Related Office(s): London
read more »


Goldman Sachs Lawyer On Joining Cadwalader Immigration Clinic

Mar 09, 2017

Bloomberg Law
Osvaldo Garcia, founder and director of the Cadwalader Black & Latino Association Immigration Clinic, discusses the firm's innovative pro bono joint effort with Goldman Sachs aimed at helping eligible undocumented immigrants apply for lawful permanent residency in the United States.

Related Attorney(s): Osvaldo Garcia
Related Page(s): Pro Bono Projects, Pro Bono and Public Service
Related Office(s): New York
read more »


Why Did US Authorities Raid Caterpillar’s Facilities?

Mar 07, 2017

TP Week (Transfer Pricing Week)
Linda Swartz comments on a raid on three of Caterpillar’s facilities last week by U.S. federal agents.

Related Attorney(s): Linda Swartz
Related Practice(s): Tax
Related Office(s): New York
read more »


Future of MJ + Cannabis Investing Under Trump: Q&A with Former DEA Official Jodi Avergun

Feb 07, 2017

Marijuana Business Daily
Jodi Avergun discusses what the legal cannabis industry can expect from the Donald Trump Administration and the DEA under the guidance of a new attorney general.

Related Attorney(s): Jodi Avergun
Related Practice(s): Anti-Money Laundering Investigations and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


After Two Extensions of Its DPA, Zimmer Biomet Settles Further FCPA Charges for $30M

Feb 01, 2017

The FCPA Report
Joseph Moreno comments on the Biomet settlement.

Related Attorney(s): Joseph Moreno
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »


Ford Sets New Template for Rule-Compliant ABS

Jan 18, 2017

Reuters
Chris Gavin comments on Ford Motor Credit selling the first ever public bond to fully comply with the post-crisis regulations that came into effect late last year. The rules aim to better align the interests of bond sellers and buyers, while putting more information in the public domain about the quality of loans backing such deals.

Related Attorney(s): Chris Gavin
Related Practice(s): Auto Securitization, Securitization & Asset Based Finance
Related Office(s): New York
read more »


If You Thought 5% Risk Retention Was Bad, Try 10% On For Size

Dec 19, 2016

Creditflux
David Quirolo comments on the European Parliament's recent vote to increase risk retention requirements to 10%.

Related Attorney(s): David Quirolo
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


Predictions 2017

Dec 15, 2016

IFLR
Andrew Alin, Chris Gavin and Scott Cammarn comment in IFLR about key trends that could impact the global business and financial community in 2017.

Related Attorney(s): Andrew Alin, Scott Cammarn, Chris Gavin
Related Practice(s): Bank Regulation, Corporate, Financial Regulation, Mergers & Acquisitions
Related Office(s): Charlotte, New York
read more »


Complexity of ILS Structures Can Create Barrier to Entry

Dec 09, 2016

Artemis
Matthew Feig discusses a Standard & Poor’s report that concerns the ability and willingness of catastrophe bonds at paying claims.

Related Attorney(s): Matthew Feig
Related Practice(s): Insurance and Reinsurance, Insurance-Linked Securities, Securitization & Asset Based Finance
Related Office(s): New York
read more »


CLOs Look to Trilogue to Defend Against EU Parliament Amendments

Dec 08, 2016

Bloomberg
David Quirolo discusses how the proposed changes to EU regulations may effect Europe’s CLO market.

Related Attorney(s): David Quirolo
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


Best Practices for Addressing and Mitigating Problems Outlined in Deficiency Letters

Dec 08, 2016

Hedge Fund Legal & Compliance Digest
A vast majority of the SEC’s hedge fund manager examinations result in the issuance of a deficiency letter. Dorothy Mehta discusses how managers can address and mitigate issues outlined in those letters.

Related Attorney(s): Dorothy Mehta
Related Practice(s): Investment Management, Investment Management Regulation & Compliance
Related Office(s): New York
read more »


European Parliament Sticks With Higher ABS Retention Proposals

Nov 23, 2016

Bloomberg
David Quirolo comments on the European Parliament’s ECON Committee proposal to hike risk-retention levels for securitizations.

Related Attorney(s): David Quirolo
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »


CWD: Study Trump’s Appointments

Nov 15, 2016

IFLR
Scott Cammarn and Anthony Mansfield shed light on Donald Trump's financial deregulation aims through the lens of his appointments.

Related Attorney(s): Scott Cammarn
Related Practice(s): Financial Regulation
Related Office(s): Charlotte, Washington
read more »


Will Trump Repeal Dodd-Frank?

Nov 11, 2016

IFLR
Scott Cammarn and Steven Lofchie comment on President-elect Donald Trump and Dodd-Frank.

Related Attorney(s): Scott Cammarn, Steven Lofchie
Related Practice(s): Financial Regulation
Related Office(s): Charlotte, New York
read more »


Oil Pipelines' Easy Regulatory Ride At FERC May Be Ending

Oct 27, 2016

Law360
Mark Haskell comments on the Federal Energy Regulatory Commission's recent decision to consider changing how it sets annual caps for oil pipeline rate increases.

Related Attorney(s): Mark Haskell
Related Practice(s): Energy Regulation & Litigation, Regulation, Compliance, and Administrative Litigation
Related Office(s): Washington
read more »


Regulatory Microscope Lies Ahead for AT&T and Time Warner

Oct 22, 2016

New York Times
Amy Ray comments on the possibility that regulators will seek commitments or remedies from AT&T and Time Warner before blessing their merger deal.

Related Attorney(s): Amy Ray
Related Practice(s): Antitrust
Related Office(s): New York
read more »


4 Things To Know About The Latest IRS Real Estate Regs

Oct 17, 2016

Law360
Richard Nugent comments on how the latest IRS real estate regulations, which keep REITs exempt from the new rules, are "favorable to the real estate community."

Related Practice(s): Real Estate, Tax
Related Office(s): New York
read more »


Uncleared Swap Deals: Clarity Is Work in Progress

Sep 30, 2016

FinOps Report
Nihal Patel comments on the challenges faced when margining uncleared swap transactions.

Related Attorney(s): Nihal Patel
Related Practice(s): Financial Regulation, Swap Regulation
Related Office(s): New York
read more »


Some Lawyers Fear New Regulation Will Disrupt Deal Pipeline

Aug 23, 2016

New York Law Journal
Mike Gambro comments on the new credit risk retention rule implemented under a multiagency umbrella that requires sponsors of CMBS deals to hold five percent of the risk associated with the deal.

Related Attorney(s): Michael Gambro
Related Practice(s): Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): New York
read more »


ECON STS Amendments Show Ongoing MEP Support for 20% Retention

Aug 10, 2016

Leveraged Commentary & Data
David Quirolo comments on the European Parliament’s Committee on Economic and Monetary Affairs (ECON)'s recently published additional draft of the proposed simple, transparent, and standardised (STS) securitization regulation. The amendments reveal conflicting opinion among MEPs that needs to be resolved before the ECON can publish its final report.

Related Attorney(s): David Quirolo
Related Practice(s): Financial Regulation, Securitization & Asset Based Finance
Related Office(s): London
read more »


Size Does Matter: Wellen Explains New Hot Dog Stand Regs.

Jul 21, 2016

Tax Notes Today
Richard Nugent comments on Robert Wellen's recent explanation of the thinking behind the new so-called hot dog stand regs addressing the active trade or business, device, and business purpose requirements for tax-free spinoffs and the new safe harbor for taxpayers seeking to unwind a recapitalization into control. Wellen is IRS associate chief counsel (corporate).

Related Practice(s): Mergers & Acquisitions, Mergers & Acquisitions Taxation
Related Office(s): New York
read more »


Guidelines Placed on Control Workarounds for Spinoffs

Jul 18, 2016

Tax Notes Today
Richard Nugent comments on recent IRS guidance creating safe harbors for corporations that want to engage in tax-free spinoffs but have trouble satisfying the control requirement, providing that a recapitalization into control by way of a dual voting structure can be unwound two years after the spinoff without threatening the tax-free nature of the spin.

Related Practice(s): Mergers & Acquisitions, Mergers & Acquisitions Taxation
Related Office(s): New York
read more »


ABS Industry Warns Proposed Regulations Could Hit SME Lending

Jun 15, 2016

Reuters
David Quirolo comments on proposed securitisation rules that could undermine Europe's goal to spur lending to small- and medium-sized companies.

Related Attorney(s): David Quirolo
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


MEP Drops Bombshell with Proposal to Take Risk Retention up to 20%

Jun 08, 2016

Creditflux
David Quirolo comments on a proposal made by a member of the European Parliament that would increase the CLO risk-retention requirement from 5 percent to 20 percent.

Related Attorney(s): David Quirolo
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »


REFILE-ECB Corporate Bond Buying Ignores Default Risk

Jun 08, 2016

Reuters
Richard Nevins comments on the European Central Bank's buying of corporate bonds in a move to spur the economy - and the unprecedented conflict involved should the bank end up holding large stakes in the debt of companies that need to restructure.

Related Attorney(s): Richard Nevins
Related Practice(s): Bankruptcy Litigation
Related Office(s): London
read more »


IRS Shuts Down Remaining Channels for REIT Spinoffs

Jun 07, 2016

The Wall Street Journal
Richard Nugent comments in The Wall Street Journal on new Treasury regulations that further limit the ability of corporations to form REITs by requiring companies to recognize built-in gain in certain assets transferred to a REIT within 10 years of a spinoff.  The new regulations broaden the December 2015 PATH Act, which imposed significant restrictions on many REIT spinoffs.

Related Practice(s): Real Estate, Real Estate Restructuring
Related Office(s): New York
read more »


CFTC Adopts Uncleared Cross-Border Swap Margin Rule

May 31, 2016

IFLR
Nihal Patel comments on the long-awaited final rule by the Commodity Futures Trading Commission concerning the application of its uncleared swap margin requirements in cross-border transactions.

Related Attorney(s): Nihal Patel
Related Practice(s): Commodities & Futures Regulation, Energy Regulation & Litigation, Regulation, Compliance, and Administrative Litigation
Related Office(s): New York
read more »


A Closer Look At The Proxy Case Everyone’s Talking About

May 27, 2016

Law360
Richard Brand discusses the May 20 Texas federal court decision siding with Maryland-incorporated real estate investment trust Ashford Hospitality Prime Inc.’s decision to refuse to approve activist hedge fund Sessa Capital LP’s board nominees, effectively ending a proxy contest.

Related Attorney(s): Richard Brand
Related Practice(s): Corporate, Corporate Governance
Related Office(s): New York
read more »


How Hedge Fund Managers Can Prepare for SEC Remote Examinations

May 19, 2016

Hedge Fund Law Report
Dorothy Mehta comments on how hedge fund managers should approach Office of Compliance Inspections and Enforcement (OCIE) remote examinations.

Related Attorney(s): Dorothy Mehta
Related Practice(s): Financial Regulation, Investment Management Regulation & Compliance
Related Office(s): New York
read more »


What Marketplace Lenders Can Learn from CLOs

May 17, 2016

Asset Securitization Report
Joseph Beach comments on the distinctions between securitizations of marketplace loans and CLOs.

Related Attorney(s): Joseph Beach
Related Practice(s): CLOs, Fintech
Related Office(s): Charlotte
read more »


Hedge Funds Reach for Hard Hats in Year of Collapsing Mergers

May 11, 2016

The New York Times
Aly El Hamamsy comments on the high number of corporate mergers - $400 billion worth - that have come undone in 2016.

Related Practice(s): Corporate, Mergers & Acquisitions
Related Office(s): New York
read more »


What's Behind Rising Federal Scrutiny of Mergers?

May 02, 2016

Marketplace
Richard Brand comments on why regulators are taking a tough stance on megamergers lately.

Related Attorney(s): Richard Brand
Related Practice(s): Corporate, Mergers & Acquisitions
Related Office(s): New York
read more »


European Commission Charges Google Over Android

Apr 20, 2016

Politico
Alec Burnside comments on the European Commission's charges against Google’s Android operating system, alleging the company devised a web of contracts and secret payments that hampered innovation in the Internet economy.

Related Practice(s): Antitrust
Related Office(s): Brussels
read more »


MetLife Sifi Decision Unlikely to Hold

Apr 18, 2016

International Financial Law Review (IFLR)
Steven Lofchie comments on the U.S. District Court for the District of Columbia ruling in favour of MetLife’s challenge to its designation as a systemically important financial institution (Sifi). The District Court's opinion of March 30 found that the Financial Oversight Stability Counsel (FSOC) “declined to consider MetLife’s vulnerability to material financial distress.”

Related Attorney(s): Steven Lofchie
Related Practice(s): Financial Regulation
Related Office(s): New York
read more »


Supreme Court to Weigh Scope of Federal Fraud Law

Apr 17, 2016

Congressional Quarterly HealthBeat
Brian McGovern comments on Universal Health Services v. United States ex rel. Escobar, a case currently before the U.S. Supreme Court that could either drastically limit the lawsuits and damages that most major healthcare providers face -- or open them up to far more whistleblower suits.

Related Attorney(s): Brian McGovern
Related Practice(s): Global Litigation, Health Care, Health Care Fraud Strike Force
Related Office(s): New York
read more »


Digital lender failures expected as funding, regulatory pressures mount

Apr 15, 2016

SNL Financial Extra
Scott Cammarn comments at LendIt USA on how digital lenders are dealing with regulatory burdens. LendIt USA is a top conference for the emerging digital lending space.

Related Attorney(s): Scott Cammarn
Related Practice(s): Fintech
Related Office(s): Charlotte
read more »


Giant Mergers Face Deterrents From the United States

Apr 06, 2016

The New York Times
Richard Brand comments on the government's increasing willingness to challenge giant takeovers,

Related Attorney(s): Richard Brand
Related Practice(s): Corporate, Corporate Governance, Mergers & Acquisitions
Related Office(s): New York
read more »


3 Ways GCs Can Survive Proxy Season

Mar 30, 2016

Law360
Bill Mills and Gillian Moldowan discuss why proxy season should be considered a year-round effort.

Related Attorney(s): William Mills
Related Practice(s): Corporate Governance
Related Office(s): New York
read more »


Bridgegate privilege dispute a sign of things to come

Mar 24, 2016

Global Investigations Review
Jodi Avergun comments on the revision of witness interview notes in the Bridgegate investigation. 

Related Attorney(s): Jodi Avergun
Related Practice(s): Global Litigation
Related Office(s): Washington
read more »


Corporate Finance In Retreat

Mar 11, 2016

Global Finance
Jodi Avergun comments on how banks have reduced their leverage and risk tolerance to adapt to today’s more rigorous regulatory environment.

Related Attorney(s): Jodi Avergun
Related Practice(s): Bank Regulation, Financial Regulation
Related Office(s): Washington
read more »


Putting Deep Legal Know-How Online: Cadwalader Cabinet

Feb 25, 2016

Prism Legal
Ron Friedmann praises the redesigned Cadwalader Cabinet for being "well-stocked and well-organized," as well as "lovely to look at."

Related Attorney(s): Steven Lofchie
Related Practice(s): Executive Compensation, Benefits & ERISA, Financial Regulation
Related Office(s): New York
read more »


Viacom Names CEO Philippe Dauman Executive Chairman

Feb 04, 2016

The Hollywood Reporter
William Schwartz comments on Philippe Dauman being named Executive Chairman of Viacom.

Related Practice(s): Private Wealth
Related Office(s): New York
read more »


Cadwalader Wickersham & Taft expands capital markets practice in New York

Feb 03, 2016

IFLR
Chris Gavin comments on joining Cadwalader and the state of the market.

Related Attorney(s): Chris Gavin
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): New York
read more »


EU STS proposals concern USA

Jan 27, 2016

IFLR
David Quirolo and Nick Shiren comment on the US view of the EU's STS proposals.

Related Attorney(s): David Quirolo, Nick Shiren
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »


CFTC Big Budget Dreams Look Dim After Accounting Debacle

Jan 22, 2016

Law360
Robert Zwirb comments on Dodd-Frank Act.

Related Attorney(s): Robert Zwirb
Related Practice(s): Financial Regulation
Related Office(s): Washington
read more »


Why this subprime lender funds loans through the Cayman Islands

Jan 19, 2016

FT Alphaville
Jeremiah Wagner comments on the Elastic SPV case.

Related Attorney(s): Jeremiah Wagner
Related Practice(s): Fintech
Related Office(s): London
read more »


A Law Firm’s Ambitious Dashboard: Inside the Cadwalader Cabinet

Jan 11, 2016

Bloomberg BNA
Steven Lofchie comments on the newly redesigned Cadwalader Cabinet.

Related Attorney(s): Steven Lofchie
Related Practice(s): Executive Compensation, Benefits & ERISA, Financial Regulation
Related Office(s): New York
read more »


Law Firms Boost Tech In Search Of Edge With Clients

Jan 11, 2016

Law360
Steven Lofchie comments on the newly redesigned Cadwalader Cabinet.

Related Attorney(s): Steven Lofchie
Related Practice(s): Executive Compensation, Benefits & ERISA, Financial Regulation
Related Office(s): New York
read more »



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