Recent Press

Item No. 1 on CFPB's packed agenda: Get a director

September 16, 2021

American Banker
Cadwalader White Collar Defense & Investigations partner Rachel Rodman shares her insights on some anticipated priorities of the Consumer Financial Protection Bureau, which awaits the confirmation of its new director.

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


Apple Ruling Poses Hurdles for Biden’s Vow to Tackle Tech Giants

September 11, 2021

Bloomberg
Cadwalader antitrust partner Joel Mitnick comments on what implications the U.S. District Court’s ruling in Epic Games Inc. v. Apple Inc. may hold for the U.S. Justice Department’s own investigation into Apple.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York, Washington
read more »


Epic challenges ruling in Apple case

September 10, 2021

Global Competition Review
Cadwalader antitrust partner Joel Mitnick shares his insights on how the ruling in Epic’s lawsuit against Apple addresses the case’s monopoly claims.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York, Washington
read more »


5 Takeaways From Friday's Epic, Apple Ruling

September 10, 2021

Law360
Cadwalader antitrust partner Joel Mitnick shares his views on anticipated appellate scrutiny regarding the injunction issued as part of the ruling in Epic’s lawsuit against Apple.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York, Washington
read more »


‘Build, Build, Build’: What Other Firms Can Take Away from Cadwalader’s Rapid Integration of Nick Gravante and His Team

September 02, 2021

The AmLaw Litigation Daily
Litigation partner Nick Gravante talks about working at Cadwalader, the successes and growth of his practice since joining the firm, and more in an interview with Ross Todd for The AmLaw Litigation Daily.

Related Attorney(s): Nicholas Gravante, Patrick Quinn
Related Practice(s): Global Litigation
Related Office(s): New York
read more »


Breaking IP Barriers: Q&A With Cadwalader's Dorothy Auth

August 30, 2021

Law360
Intellectual Property Group chair and partner Dorothy Auth discusses her career trajectory as part of Law360’s ongoing series of interviews with attorneys “who have been on the front lines to make IP a more inclusive area of law.”

Related Attorney(s): Dorothy Auth Ph.D.
Related Practice(s): Intellectual Property
read more »


Wall Street Is Ready to Put Lina Khan's FTC to the Test

August 25, 2021

Bloomberg
Antitrust partner Joel Mitnick comments on the challenges inherent to the FTC’s recently-updated guidance regarding its potentially longer merger review times.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
read more »


Federal bill unpicks some, not all, US Libor legacy knots

August 23, 2021

Risk.net
Financial Services partner Lary Stromfeld comments on the design and intent of a proposed U.S. federal law that would provide safe harbor for legacy contracts as part of LIBOR’s forthcoming cessation.

Related Attorney(s): Lary Stromfeld
Related Practice(s): LIBOR Preparedness Team
read more »


What To Expect If Juries Start Tackling Patent Eligibility

August 20, 2021

Law360
Intellectual Property attorney Michael Powell shares his insights about the application of the Alice patent ineligibility defense by trial courts, including why it is likely to become an important jury issue and best practices for presenting the defense.

Related Attorney(s): Michael Powell
Related Practice(s): Intellectual Property, Patent & Trade Secret Litigation, Patent Preparation & Prosecution
read more »


FTC Merger Warning Letters Seen As Largely Superficial

August 18, 2021

Law360
Cadwalader antitrust partner Joel Mitnick shares his insights on the FTC’s recent revision to its merger review procedures.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
read more »


Policy Group Backs Challenge To NYC Property Tax System

August 11, 2021

Law360
Global Litigation partner Ellen Holloman comments on the Citizen Budget Commission’s support of Tax Equity Now New York’s (TENNY) request for the NY state Court of Appeals to consider TENNY’s challenge to New York City's property tax system.

Related Attorney(s): Ellen Holloman
Related Practice(s): Global Litigation
read more »


Apple’s hot antitrust autumn: Storm clouds are forming from multiple directions

August 11, 2021

MarketWatch
Antitrust partner Joel Mitnick comments on recent antitrust developments in the U.S. and Europe that suggest an inflection point in related policy and regulation.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust
read more »


How will the Corporate Transparency Act affect AML compliance?

July 30, 2021

Thomson Reuters
White Collar Defense and Investigations Group chair Jodi Avergun shares her views on the Corporate Transparency Act (CTA), including how its work-in-progress beneficial ownership requirements may impact financial institutions, and suggests some steps toward early preparation.

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


Cadwalader, Sidley Lead CMBS League Table as CLO Race Tightens

July 30, 2021

Commercial Mortgage Alert
Capital Markets co-heads Michael Gambro and Stuart Goldstein reflect on the past year and share their current market outlooks for the securitization market.  

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


Amazon is everywhere. Here's how the US could break it up

July 28, 2021

CNN
Antitrust partner Joel Mitnick comments on the challenges inherent to proposed U.S. legislation that aims to decrease the dominance of the largest technology companies.  

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York, Washington
read more »


Repeal of OCC’s 'true lender' rule leaves bank-fintech partnerships subject to state laws; legal risks may grow

July 26, 2021

Thomson Reuters Regulatory Intelligence
Financial Services Group co-chair Scott Cammarn shares his insights on the “Madden-fix” rule, including how it differs from the recently-repealed “true lender” rule.

Related Attorney(s): Scott Cammarn
Related Practice(s): Bank Regulation, Financial Regulation, Marketplace Lending and FinTech
read more »


Will SEC Be Told To Butt Out Of AML Reporting Enforcement?

July 25, 2021

Law360
White Collar Defense and Investigations chair and partner Jodi Avergun shares her views on the recent petition to SCOTUS challenging the SEC’s ability to enforce the Bank Secrecy Act’s suspicious activity report provisions.

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


The Trump Investigation Lawyer Who Served a Valuable Apprenticeship

July 22, 2021

Financial Times
Head of Commercial Litigation practice Nick Gravante discusses his current litigation practice and earlier career experiences.

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


GameStop case pushes securities market toward faster settlement

July 20, 2021

Roll Call
Financial Services partner Steven Lofchie shares considerations for compressing the settlement process for stock transactions, as the securities industry seeks to address app-based trading volatility.

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


Rising Star: Cadwalader's Jed Miller

July 09, 2021

Law360
Cadwalader partner Jed Miller has been named a 2021 Law360 ‘Rising Star’ in the area of Structured Finance.

Related Attorney(s): Jed Miller
Related Practice(s): Financial Regulation
read more »


FTC has a chance for a do-over in its ‘fiasco’ antitrust case against Facebook, legal experts contend

July 01, 2021

MarketWatch
State Attorneys General Practice head Doug Gansler comments on the potential for the FTC to file an amended antitrust lawsuit, following a federal court’s dismissal of its initial attempt.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): Washington
read more »


FTC's Facebook Case Down, But Not Out, After Dismissal

June 30, 2021

Law360
Antitrust partner Joel Mitnick shares his insights on the federal court dismissal of the FTC and states’ antitrust lawsuits against Facebook.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York, Washington
read more »


ARRC: state-by-state approach is plan B for SOFR tough legacy

June 23, 2021

IFLR Practice Insight
Financial Services partner Lary Stromfeld shares various considerations for the potential of federal-level and/or state-level legislation that would serve to minimize legal uncertainty in LIBOR legacy contracts.

Related Attorney(s): Lary Stromfeld
Related Practice(s): Financial Regulation, LIBOR Preparedness Team
Related Office(s): New York
read more »


7-Eleven Deal Catches FTC Divided And Off Guard

June 07, 2021

Law360
Cadwalader antitrust partner Joel Mitnick comments on the FTC’s reaction to the recent closing of 7-Eleven’s purchase of Speedway, and what it may reveal about a shifting ideological divide among the agency’s commissioners.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Antitrust Litigation, Merger Clearance
Related Office(s): New York, Washington
read more »


Marketplace lenders prepare for ‘true lender’ repeal

June 03, 2021

GlobalCapital
Financial Services partner Daniel Meade provides some considerations with regard to the ‘True Lender Rule,’ as the U.S. Congress moves to rescind it via the Congressional Review Act.

Related Attorney(s): Daniel Meade
Related Practice(s): Bank Regulation, Financial Regulation
Related Office(s): New York, Washington
read more »


True lending truth

June 01, 2021

Structured Credit Investor
Financial Services Group co-chair Scott Cammarn shares his insights on the recent Senate vote to disapprove of the so-called ‘True Lender Rule’.

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


FTC To Shake Up Privacy Enforcement In Wake Of AMG Ruling

May 28, 2021

Law360
State Attorneys General Practice head Doug Gansler and White Collar Defense and Investigations partner Rachel Rodman comment on the potential for the FTC to increasingly coordinate with state attorneys general on consumer protection and privacy matters.

Related Attorney(s): Rachel Rodman
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation, State Attorneys General Practice, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Hot CRE CLO Market Drawing More Issuers

May 14, 2021

Commercial Mortgage Alert
Stuart Goldstein, partner and co-chair of Cadwalader’s Capital Markets Group, and Capital Markets partner Jeffrey Rotblat, share their insights on the commercial real estate CLO market in what’s shaping up to be a record-setting year.

Related Attorney(s): Stuart Goldstein, Y. Jeffrey Rotblat
Related Practice(s): CLOs, Securitization & Asset Based Finance
read more »


With US On Board, COVID IP Waiver Still Faces Long Road

May 07, 2021

Law360
Intellectual Property Group chair and partner Dorothy Auth shares her insights on the Biden administration’s support of a proposed WTO temporary waiver on intellectual property protections for COVID-19 vaccines.

Related Attorney(s): Dorothy Auth Ph.D.
Related Practice(s): Global Litigation, Intellectual Property
Related Office(s): New York, Washington
read more »


Analysis: In Apple versus Epic Games, courtroom battle is only half the fight

May 03, 2021

Reuters
Antitrust partner Joel Mitnick shares his opinion that the potential for new bi-partisan regulatory rules designed to govern the behavior of dominant digital platforms will likely cause greater challenges than antitrust lawsuits for big tech companies.  

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Antitrust Litigation, Global Litigation, Merger Clearance
Related Office(s): New York
read more »


New issue CLOs turn to fully syndicated equity

April 29, 2021

GlobalCapital
Capital Markets partner Nathan Spanheimer shares his insights on the increase in CLOs that have fully syndicated equity tranches, including the implications for both managers and equity players.

Related Attorney(s): Nathan Spanheimer
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »


Consumer Warriors

April 12, 2021

Structured Credit Investor
Cadwalader Capital Markets partner Neil Weidner and White Collar Defense & Investigations partner Rachel Rodman share their insights on a recently dismissed lawsuit brought by the Consumer Financial Protection Bureau against a student loan trust, including why the issues raised in the litigation may have future implications for the structured finance markets.

Related Attorney(s): Rachel Rodman, Neil Weidner
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Derivatives & Structured Products, Global Litigation, Structured Products, White Collar Defense and Investigations
read more »


SEC Puts Brokers On Notice For Money Laundering Concerns

March 31, 2021

Law360
White Collar Defense & Investigations associate Christian Larson comments on the SEC’s recent risk alert on the anti-money laundering obligations of broker-dealers.

Related Attorney(s): Christian Larson
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Global Litigation, Securities Enforcement and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Carried Interest Regs Leave Uncertainty On Family Managers

March 30, 2021

Law360 Tax Authority
Cadwalader Tax partner Jason Schwartz provides insight on the taxation of carried interests.

Related Attorney(s): Jason Schwartz
Related Practice(s): Tax
Related Office(s): Washington
read more »


Making Partner in a Pandemic: Cadwalader’s Jared Stanisci

March 29, 2021

Cadwalader Global Litigation partner Jared Stanisci shares his tips for making partner during a pandemic.

Related Attorney(s): Jared Stanisci
Related Practice(s): Global Litigation
Related Office(s): New York
read more »


Calls intensify for Congress to intervene on Libor

March 26, 2021

American Banker
Financial Services partner Lary Stromfeld addresses the importance of recently-passed NY State legislation that seeks to minimize legal uncertainty in LIBOR legacy contracts, while commenting on the value of a potential federal law addressing the same.

Related Attorney(s): Lary Stromfeld
Related Practice(s): LIBOR Preparedness Team
Related Office(s): New York
read more »


Libor Transition Hits 'Milestone' With NY Legacy Contracts Fix

March 25, 2021

Law360
Financial Services partner Lary Stromfeld comments on new LIBOR legislation that was approved by the New York State Legislature to help ease the LIBOR transition for difficult legacy contracts. Stromfeld, who leads the Cadwalader LIBOR Preparedness Team that developed the legislation on behalf of the Alternative Reference Rates Committee (ARRC), also shares his insights on the transition challenges that still lie ahead for global financial institutions.

Related Attorney(s): Lary Stromfeld
Related Practice(s): LIBOR Preparedness Team
Related Office(s): New York
read more »


SPAC to the Future: Law Firms Are Riding the Wave as Interest Explodes

March 25, 2021

The American Lawyer
The American Lawyer speaks with Cadwalader Corporate Partners Stephen Fraidin and Gregory P. Patti, Jr., on the team’s work guiding the unprecedented structure of Pershing Square Tontine Holdings (PSTH,) while sharing their broader insights into a year (2020) dubbed by many as “The Year of the SPAC.”

Related Attorney(s): Stephen Fraidin, Gregory Patti
Related Practice(s): Corporate, Special Purpose Acquisition Companies (SPACs)
Related Office(s): New York
read more »


Vitamin C Price-Fixing Case: Round 2 At The 2nd Circ.

March 15, 2021

Law360
Antitrust partner Joel Mitnick shares his insights on the return to the Second Circuit of a Vitamin C price-fixing case against certain Chinese manufacturers and their affiliates and involving opposition by China's Ministry of Commerce.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Trial Practice
Related Office(s): New York, Washington
read more »


1 Year Into Pandemic, These Real Estate Questions Remain

March 11, 2021

Law360
Real Estate Finance head Bonnie Neuman provides her insights on how the pandemic has impacted various areas of commercial real estate finance.

Related Attorney(s): Bonnie Neuman
Related Practice(s): Real Estate
Related Office(s): New York
read more »


What COVID-19 Taught Real Estate Attys About Force Majeure

March 09, 2021

Law360
Real Estate Finance head Bonnie Neuman shares her observations regarding the impact of force majeure language in commercial leases during the COVID-19 pandemic.

Related Attorney(s): Bonnie Neuman
Related Practice(s): Real Estate
Related Office(s): New York
read more »


Law Firms, Legal Departments Step Up Target to Provide More Meals for Food Bank

February 19, 2021

New York Law Journal
Financial Services partner Lary Stromfeld discusses the objectives and goals of the 6th annual Justice Served campaign to support the Food Bank for New York City.

Related Attorney(s): Lary Stromfeld
Related Office(s): New York
read more »


Manafort Can’t Be Prosecuted in New York After Trump Pardon, Court Rules

February 09, 2021


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


DA's Manafort Appeal Won't Get NY High Court Review

February 09, 2021


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


Tech Can Flag Distracted Jurors. But Will Courtrooms Allow Facial Recognition?

February 08, 2021

Intellectual Property partner John Moehringer shares his thoughts regarding possible future approaches for ensuring juror attention during pandemic-necessitated remote trials by jury.

Related Attorney(s): John Moehringer
Related Practice(s): FinTech, Global Litigation, IP Due Diligence, ITC Litigation, Intellectual Property, Patent & Trade Secret Litigation, Trial Practice
Related Office(s): New York
read more »


New York Versus the World: Letitia James Is Picking Big Fights

February 04, 2021

Bloomberg
State Attorneys General Practice head Doug Gansler shares his insights on the multistate antitrust lawsuit against Facebook that is being led by New York Attorney General Letitia James.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): New York, Washington
read more »


Seattle Judge Has Just Shown That Virtual Juries Are an Option for Patent Cases

February 02, 2021

Law.com
Intellectual Property partner John Moehringer shares his insights on the first all-virtual patent trial by jury.

Related Attorney(s): John Moehringer
Related Practice(s): FinTech, Global Litigation, IP Due Diligence, ITC Litigation, Intellectual Property, Patent & Trade Secret Litigation, Trial Practice
Related Office(s): New York
read more »


How Compliance Departments Can Prepare For Biden

January 29, 2021

Law360
White Collar Defense and Investigations partner Rachel Rodman discusses fair lending as an area of anticipated priority for the CFPB under the Biden administration.

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


FinCEN gives extra time following backlash against crypto “midnight regulation”

January 28, 2021

White Collar Defense & Investigations associate Christian Larson comments on the timing of the comment period provided for FinCen’s proposal to subject cryptocurrency wallet owners to Bank Secrecy Act rules.

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


Cadwalader ‘Heavyweight’ Litigation Practice Profiled by Lawdragon

January 22, 2021

Cadwalader’s Global Litigation Group has been profiled by Lawdragon for its strategic growth over the past several years, including the recent recruitment from Boies Schiller of nationally acclaimed trial lawyer Nicholas Gravante and Philip Iovieno, Karen Dyer and Lawrence Brandman. Mark Grider, former U.S. deputy associate attorney general, also recently joined to lead the firm’s Crisis Management and Congressional Investigations Practice.

Related Attorney(s): Melis Acuner, Jodi Avergun, Mark Beardsworth, Todd Blanche, Lawrence Brandman, Amanda Devereux, Karen Dyer, Douglas Gansler, Nicholas Gravante, Mark Grider, Jason Halper, Ellen Holloman, Philip Iovieno, Gregory Langsdale, Joel Mitnick, Sean O'Shea, Michael Petrella, Patrick Quinn, Kevin Roberts, Rachel Rodman, Jared Stanisci, Anne Tompkins, Danielle Tully, Jonathan Watkins
Related Practice(s): Antitrust, Global Litigation, Intellectual Property, Trial Practice, White Collar Defense and Investigations
Related Office(s): Charlotte, London, New York, Washington
read more »


Biden's Rules Freeze May Not Stop Late Trump Financial Regs

January 22, 2021

Law360
Financial Services Group co-chair Scott Cammarn shares his insights on the dynamics of independent financial regulatory agencies with regard to the Biden White House’s announcement of a "regulatory freeze" on executive branch agencies.

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


NY Libor switch plan included in Cuomo budget

January 21, 2021

Global Banking Regulation Review
Financial Services partner Lary Stromfeld, head of Cadwalader’s LIBOR Preparedness Team, comments on proposed LIBOR discontinuation legislation included by New York’s governor in the state’s draft budget for fiscal year 2022.

Related Attorney(s): Lary Stromfeld
Related Practice(s): LIBOR Preparedness Team
Related Office(s): New York
read more »


Actions by GOP attorneys general could damage credibility

January 19, 2021

The Associated Press
State Attorneys General Practice head Doug Gansler comments on the recent efforts of some Republican state attorneys general to overturn the presidential election results through legal filings.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): New York, Washington
read more »


CFPB under Chopra will be aggressive consumer watchdog, experts say

January 19, 2021

Compliance Week
White Collar Defense and Investigations partner Rachel Rodman comments on the nomination of Rohit Chopra to head the Consumer Financial Protection Bureau (CFPB), including anticipated changes under his leadership.

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


Record year for CLO refis as managers look to revamp Covid deals

January 15, 2021

GlobalCapital
Capital Markets partner Nathan Spanheimer discusses some benefits of refinancing collateralized loan obligations (CLOs), as market players anticipate meaningful refi and reset activity in 2021, following COVID-driven CLO structure adjustments that were made last year.

Related Attorney(s): Nathan Spanheimer
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »


Cadwalader's Gansler On State AG Issues GCs Should Watch

January 15, 2021

Law360
State Attorneys General Practice head Doug Gansler shares his insights on key issues that he anticipates state attorneys general will focus on in 2021.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): New York, Washington
read more »


CLO managers take Dutch gamble with tax authorities

January 12, 2021

GlobalCapital
Capital Markets partner David Quirolo comments on the relocation considerations of CLO managers facing an anticipated new VAT charge on CLO vehicles based in the Netherlands.

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


Patent Policy To Watch In 2021

January 03, 2021

Law360
Cadwalader Intellectual Property Group chair and partner Dorothy Auth shares her insights on why generic drug settlement legislation will be among the patent policy issues to watch in 2021.

Related Attorney(s): Dorothy Auth Ph.D.
Related Practice(s): Global Litigation, Intellectual Property
Related Office(s): New York
read more »


Private Equity Turns to $3 Trillion in Untapped Value for Loans

December 31, 2020

Bloomberg Law
Fund Finance partner Brian Foster comments on the increased use of net asset value loans by private equity funds.

Related Attorney(s): Brian Foster
Related Practice(s): Fund Finance
Related Office(s): New York
read more »


“In Google antitrust effort, authorities may have saved the best for last

December 24, 2020

MarketWatch
Cadwalader State Attorneys General Practice head Doug Gansler comments on recent antitrust challenges facing Silicon Valley’s Big Tech companies, including his views on the legal hurdle to proving consumer harm in a recent state attorneys general lawsuit filed against Google.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): New York, Washington
read more »


McKinsey’s Bankruptcy Disclosure Deal Approved, Ending Trial

December 22, 2020

Wall Street Journal

Related Attorney(s): Sean O'Shea, Michael Petrella, Amanda Devereux
Related Practice(s): Global Litigation, Trial Practice
Related Office(s): New York
read more »


Skilled in the Art: Less Is More When It Comes to IP Trials

December 18, 2020

Law.com
Intellectual Property partner John Moehringer shares his insights on the scheduling of the first remote jury trial of a patent infringement case.

Related Attorney(s): John Moehringer
Related Practice(s): Global Litigation, IP Due Diligence, ITC Litigation, Intellectual Property, Patent & Trade Secret Litigation, Patent Preparation & Prosecution, Trademark & Copyright Protection
Related Office(s): New York
read more »


How Energy Attys Can Do More To Ward Off Corruption

December 10, 2020

Law360
White Collar Defense and Investigations chair and partner Jodi Avergun comments on why U.S. energy companies conducting business in other countries may face heightened risk for foreign bribery allegations, and suggests steps for general counsel and risk officers to achieve compliance.

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


Wall Street Frets Over a Revival of CFPB Left Toothless by Trump

December 08, 2020

Bloomberg
Cadwalader White Collar Defense and Investigations partner Rachel Rodman shares her insights on anticipated changes in how the Consumer Financial Protection Bureau (CFPB) will wield its authority and approach enforcement under the Biden administration.

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


Cannabis got a big win in Congress, but legal weed isn't around the corner

December 04, 2020

CNN
Cadwalader White Collar Defense and Investigations chair and partner Jodi Avergun comments on the U.S. House’s vote to legalize marijuana at the federal level, including her view that the House wants to show the incoming Biden administration that it is serious about cannabis reform.

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


The Shortest Road to Legal Weed Runs Through Georgia

December 03, 2020

Bloomberg
Cadwalader White Collar Defense and Investigations Group chair and partner Jodi Avergun shares her insights on how various constituencies view recent cannabis legislative liberalization measures.

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


CLO winners to dominate increased 2021 supply

December 03, 2020

GlobalCapital
Capital Markets partner Nathan Spanheimer discusses some factors that will likely have a positive impact on investor demand for collateralized loan obligations (CLOs) in 2021.

Related Attorney(s): Nathan Spanheimer
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »


Biden victory points to new securitization backdrop

December 02, 2020

GlobalCapital
White Collar Defense and Investigations partner Rachel Rodman comments on the Consumer Financial Protection Bureau (CFPB) as one federal banking regulator that could potentially see significant change under a Biden administration.

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


It Will Be Months Before We See the Next Patent Jury Trial

November 25, 2020

Law.com
Intellectual Property partner John Moehringer comments on how the pandemic continues to disrupt scheduling for U.S. patent jury trials and suggests some future approaches that judges and lawyers may take to respond and adjust.

Related Attorney(s): John Moehringer
Related Practice(s): Global Litigation, IP Due Diligence, ITC Litigation, Intellectual Property, Patent & Trade Secret Litigation, Patent Preparation & Prosecution, Trademark & Copyright Protection
read more »


Yellen At Treasury Could Set Stage For More Active FSOC

November 24, 2020

Law360
Financial Services Group co-chair Scott Cammarn shares his insights on Treasury Secretary nominee Janet Yellen’s upcoming leadership of the Financial Stability Oversight Council, including how her experience as former Federal Reserve chair may shape her view of the FSOC’s role in reducing systemic financial system risk.

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


A Right-Leaning Supreme Court Won't Impede Cannabis Reform, Legal Experts Say

November 20, 2020

Benzinga
White Collar Defense and Investigations Group Chair and Partner Jodi Avergun addresses some legal considerations that explain why cannabis reform is unlikely to come before the U.S. Supreme Court anytime soon.

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


DOJ Keeps Heat On Advisers Despite Quiet End To Bain Case

November 19, 2020

Law360
Antitrust partner Joel Mitnick and State Attorneys General practice head Doug Gansler share their insights on law enforcement information requests, known as civil investigative demands (CIDs), as part of a recent related case.

Related Attorney(s): Douglas Gansler, Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, State Attorneys General Practice
Related Office(s): New York, Washington
read more »


DEA Investigators Fuming Over Dropped Case Against Mexican General

November 18, 2020

The Daily Beast
White Collar Defense and Investigations chair and partner Jodi Avergun shares some larger considerations surrounding the DOJ’s highly unusual request for a Brooklyn federal court to dismiss drug trafficking and money laundering conspiracy charges against the former Mexican Defense Minister.

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


Virus Shatters Retail Holiday Hopes, Could Lead to More Bankruptcies

November 17, 2020

Bloomberg
Financial Restructuring partner Ingrid Bagby shares her insights on the combination of economic and financial factors that will likely lead to an increase in bankruptcy filings in the new year.

Related Attorney(s): Ingrid Bagby
Related Practice(s): Bankruptcy Litigation, Financial Restructuring, Global Litigation
Related Office(s): New York
read more »


The Danish tax authority’s campaign to recoup cum-ex billions

November 11, 2020

Global Investigations Review
White Collar Defense & Investigations Partner Kevin Roberts comments on the risk for high legal costs in the Danish tax authority’s global litigation against hundreds of individuals and entities for alleged fraud that led to the country’s distribution of allegedly unearned tax rebates.

Related Attorney(s): Kevin Roberts
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): London
read more »


Biden Opioid Plan Puts Pharmacies On Notice

November 08, 2020

Law360
White Collar Defense and Investigations Group Chair and Partner Jodi Avergun shares her insights on how President-elect Joe Biden’s administration is anticipated to expand the focus of federal opioid investigations, litigation and the next wave of enforcement actions amid the decades-long national opioid crisis.

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 »


European CLO Managers Switch Legacy Deals to Originators Ahead of Brexit Deadline

November 05, 2020

Creditflux
Capital Markets partner David Quirolo addresses the process through which European CLO managers have been updating their legacy CLOs structures in order to comply with European risk retention rules prior to the Brexit deadline.    

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


Cadwalader Senior Counsel Anna Glick Featured in CREFC Women’s Network Member Spotlight

November 04, 2020


Related Attorney(s): Anna Glick
Related Practice(s): Commercial Mortgage-Backed Securities, Distressed Structured Products, Receivables Finance, Securitization & Asset Based Finance, Structured Products
Related Office(s): New York
read more »


Google cofounders Larry Page and Sergey Brin built an unstoppable titan, but their biggest innovation may have been a perfectly timed exit from public view

October 25, 2020

Business Insider
Cadwalader antitrust partner Joel Mitnick comments on the DOJ’s antitrust suit against Google.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


What Big Tech can expect from the next administration

October 23, 2020

CBS
Cadwalader antitrust partner Joel Mitnick shares his insights on how big tech companies are navigating recent government antitrust scrutiny.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


Lawyers crystal-ball the Google antitrust case

October 22, 2020

Axios

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


Google antitrust case backed by rare Washington consensus

October 21, 2020

The Financial Times
Antitrust partner Joel Mitnick comments on the U.S. Department of Justice’s antitrust lawsuit against Google, while suggesting that the broader big tech sector faces changes ahead.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York
read more »


Why Google is poised to win the DOJ’s antitrust lawsuit

October 21, 2020

Fast Company
Antitrust partner Joel Mitnick comments on various considerations of the DOJ’s antitrust lawsuit against Google, including how evidence focused on the consumer may take shape and possible scenarios for how the case, itself, could play out.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York
read more »


The Justice Department's fight against Google doesn't spell the end of Big Tech

October 21, 2020

To offer perspective on the U.S. Department of Justice’s antitrust lawsuit against Google, antitrust partner Joel Mitnick comments on the DOJ’s antitrust suit against Microsoft in the late 1990s.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust
Related Office(s): New York
read more »


More Big Tech Firms Could Show Up In DOJ's Google Search

October 21, 2020

Law360

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


Microsoft Case Looms Over DOJ's Google Antitrust Action

October 21, 2020

Law360

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


DOJ Sues Google for Alleged Antitrust Practices, Expected to be Lengthy Court Battle

October 20, 2020

Cheddar
Antitrust partner Joel Mitnick appeared on the TV network’s “Closing Bell” segment to discuss the DOJ’s antitrust lawsuit against Google.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York
read more »


Lawyers Ponder Impact of COVID Cocktail Lawsuit

October 12, 2020

Managing IP
Cadwalader Intellectual Property Group Chair and Partner Dorothy Auth shares her insights on the timing of Allele Biotech’s patent infringement lawsuits against Pfizer and Regeneron in connection with their use of Allele’s patented molecules to develop COVID-19 treatments. Dorothy also comments on the case’s specific issue of how research tools are used in developing pharmaceutical products.

Related Attorney(s): Dorothy Auth Ph.D.
Related Practice(s): Intellectual Property, Patent & Trade Secret Litigation, Patent Preparation & Prosecution
Related Office(s): New York
read more »


Justice ready to charge Google with monopoly search practices

October 12, 2020

Axios
Cadwalader State Attorneys General Practice Head Doug Gansler shares his insight on the U.S. Justice Department’s anticipated antitrust lawsuit against Google.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): Washington
read more »


7 IPO Tips to Pick the Next Big SPAC IPO

October 07, 2020

InvestorPlace
Corporate partner Stephen Fraidin shares his insights into special purpose acquisition vehicles (SPACs).

Related Attorney(s): Stephen Fraidin
Related Practice(s): Corporate, Special Purpose Acquisition Companies (SPACs)
Related Office(s): New York
read more »


What the UK's Wave of Retail CVAs Means for Lenders

October 07, 2020

Real Estate Capital
Real Estate partner Duncan Hubbard comments on how commercial real estate lenders are reacting to the use of company voluntary arrangements by some retailers in the UK, and anticipates how current trends may influence future lending considerations.

Related Attorney(s): Duncan Hubbard
Related Practice(s): Real Estate
Related Office(s): London
read more »


If the Democrats win the Senate, Big Tech better be ready for a bigger fight

October 06, 2020

MarketWatch
Antitrust partner Joel Mitnick comments on the potential impact of a change in administration on antitrust law.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
Related Office(s): New York, Washington
read more »


Transmitting Credit

October 05, 2020

SCI: CRT Research Report (Autumn 2020)
Cadwalader Capital Markets Special Counsel Assia Damianova comments on the role of securitization as a bank lending tool to support small and medium-sized enterprises during pandemic-driven market disruption.  

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


Patents A Key Focus As Drug-Pricing Debate Intensifies

October 02, 2020

Law360
Intellectual Property special counsel Danielle Tully shares her insights on lawmakers’ interest in how pharmaceutical patents impact drug prices, and comments on the potential benefits of one legislative proposal.   

Related Attorney(s): Danielle Tully
Related Practice(s): Global Litigation, Intellectual Property
Related Office(s): New York
read more »


Asphalt Company Got $70 Million Break on Penalty

October 01, 2020

The Wall Street Journal
White Collar Defense & Investigations Group Chair Jodi Avergun shares her insights into how U.S. Justice Department guidance on inability-to-pay claims may impact different kinds of companies.

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


Freddie Mac Scrubs Student-Housing, Senior Living Loans from K-Deals

September 30, 2020

National Mortgage News
Capital Markets partner David Burkholder shares his insights into lenders’ considerations of transactions that are secured by student housing, assisted living and independent living loans amid pandemic-driven market uncertainty.

Related Attorney(s): David Burkholder
Related Office(s): Charlotte
read more »


A Right-Leaning Court Will Tackle Some Big Business Cases. The Outcomes Aren’t Obvious.

September 26, 2020

Barron's
Antitrust partner Joel Mitnick comments on how the Supreme Court’s future makeup could impact antitrust claims.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
Related Office(s): New York, Washington
read more »


CLOs Fight Back Against Hedge Fund Efforts to Siphon Value

September 25, 2020

Bloomberg Law
Capital Markets partner Joseph Beach comments on the anticipated increase in global amendments to CLO documentation as collateral managers seek more flexibility in distressed loan situations in the current market environment.

Related Attorney(s): Joseph Beach
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »


Use of blocker subsidiaries to blunt tax impact increases in CLOs

September 24, 2020

GlobalCapital
Tax Group partner Jason Schwartz describes how and why CLO managers are using tax blocker subsidiaries as they acquire securities in pandemic-driven loan workouts.

Related Attorney(s): Jason Schwartz
Related Practice(s): Securitization & Structured Products Taxation, Tax
Related Office(s): Washington
read more »


Egregious Founder Shares. Free Money for Hedge Funds. A Cluster***k of Competing Interests. Welcome to the Great 2020 SPAC Boom.

September 21, 2020

Institutional Investor
Corporate partner Stephen Fraidin shares his insights into special purpose acquisition vehicles (SPACs), including Pershing Square Tontine Holdings Ltd., which Fraidin and his team represented in its recent $4 billion IPO.

Related Attorney(s): Stephen Fraidin
Related Practice(s): Corporate, Special Purpose Acquisition Companies (SPACs)
Related Office(s): New York
read more »


US sanctions blow €700mn hole in Nord Stream 2 pipeline

September 18, 2020

Global Trade Review
White Collar Defense & Investigations Special Counsel James Treanor comments on how potential U.S. sanctions against European companies with operational involvement in the Nord Stream 2 pipeline may impact investors who have provided financing.

Related Attorney(s): James Treanor
Related Practice(s): Economic Sanctions, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Billions in low-dollar stimulus loans may never be scrutinized

September 18, 2020

The Atlanta Journal Constitution
Partner and Financial Services Group co-chair Scott Cammarn comments on dynamics surrounding the government’s review of pandemic relief loans, including the proposed Paycheck Protection Small Business Forgiveness Act.

Related Attorney(s): Scott Cammarn
Related Practice(s): Financial Regulation
read more »


Corporate Bankruptcies: US Companies Going Under Due To Ravages Of The Pandemic, Other Issues

September 17, 2020

International Business Times
Partner and Financial Restructuring Group chair Gregory Petrick shares his insights on the pandemic’s role in bankruptcy filings and addresses various considerations that may influence future developments.

Related Attorney(s): Gregory Petrick
Related Practice(s): Bankruptcy Litigation, Financial Restructuring, Global Litigation
Related Office(s): Charlotte, London, New York, Washington
read more »


Big Tech is turning on one another amid antitrust probes and litigation

September 12, 2020

MarketWatch
Joel Mitnick addresses current dynamics within the Big Tech landscape, as the largest companies face multiple antitrust investigations and issues.   

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York
read more »


Reg AT withdrawal could delay a Biden agenda for the CFTC

September 11, 2020

Risk.net
Steven Lofchie shares his insights on the CFTC’s withdrawal of its proposed Reg AT.  

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


SEC Leaves Door Open For More Private Market Expansion

August 28, 2020

Law360
Dorothy Mehta comments on the SEC’s changes to the definition of an accredited investor, which open private markets to a broader swath of investors.

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


IRS Carried Interest Rules Could Capture Manager Investment

August 27, 2020

Law360
Jason Schwartz provides his insights on the IRS’ recently proposed rules that include a narrow definition of qualified capital interest.

Related Attorney(s): Jason Schwartz
Related Practice(s): Corporate Taxation, Mergers & Acquisitions Taxation, Restructurings & Bankruptcies Taxation, Securitization & Structured Products Taxation, Tax, Tax Controversy
Related Office(s): Washington
read more »


Rip up docs to beat market pain, urge US CLO managers

August 13, 2020

GlobalCapital
Capital Markets partner Nathan Spanheimer shares his observations of pandemic-driven negotiations within CLO documentation as managers seek greater flexibility in the current market environment.

Related Attorney(s): Nathan Spanheimer
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »


Google's Fitbit Bid Faces Varying Levels Of Data Concerns

August 11, 2020

Cadwalader antitrust partner Joel Mitnick shares his insights on Google’s planned acquisition of Fitbit.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


It’s Gotten Better to Be LGBTQ in Big Law, but Struggles Remain

July 29, 2020

Bloomberg Law
Anne Tompkins reflects on her career trajectory while affirming the progress toward greater equality for LGBTQ lawyers in recent decades.

Related Attorney(s): Anne Tompkins
Related Office(s): Charlotte, New York, Washington
read more »


Amazon, Apple, Facebook and Google CEOs to Testify on Wednesday: Here's What to Watch

July 27, 2020

The Street
Doug Gansler shares some of his expectations ahead of the Big Tech Congressional antitrust hearings.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): Washington
read more »


Cadwalader Guides Ackman-Backed SPAC's Record $4B IPO

July 22, 2020

Law360
Stephen Fraidin and Gregory P. Patti are mentioned for their representation of Pershing Square in the record-breaking $4 billion IPO of special purpose acquisition vehicle Pershing Square Tontine Holdings Ltd.

Related Attorney(s): Stephen Fraidin
Related Practice(s): Corporate, Special Purpose Acquisition Companies (SPACs)
Related Office(s): New York
read more »


Coronavirus Stimulus Loans Face Fair Lending Scrutiny From CFPB

July 21, 2020

Bloomberg Law
Rachel Rodman comments on the Consumer Financial Protection Bureau’s supervisory focus on the CARES Act.  

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


SEC Plan To Ax Disclosures Seen As Boon For Smaller Funds

July 13, 2020

Law360
Steven Lofchie provides his insights into an SEC plan to increase the size threshold at which institutional investment fund managers are required to file quarterly Form 13F disclosures.

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


Big tech's reckoning starts with an antitrust committee

July 13, 2020

Engadget
Joel Mitnick provides extensive insights into the upcoming Congressional antitrust hearings for the “GAFA” companies.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York
read more »


Unofficial borrower's guide to an unmappable lending landscape

July 06, 2020

Private Funds CFO
Michael Mascia provides insight in this article about the delays and tighter underwriting that current borrowers may experience in obtaining subscription credit as well as new lenders in the current market.

Related Attorney(s): Michael Mascia
Related Practice(s): Fund Finance
Related Office(s): Charlotte
read more »


3 Ways The Pandemic Has Shaped Patent Litigation, So Far

June 11, 2020

Law360
John Moehringer comments on how the three months of pandemic lockdowns and economic disruption have patent attorneys and litigants thinking in new ways about their cases and how they're conducted.

Related Attorney(s): John Moehringer
Related Practice(s): Global Litigation, IP Due Diligence, ITC Litigation, Intellectual Property, Patent & Trade Secret Litigation, Patent Preparation & Prosecution, Trademark & Copyright Protection
Related Office(s): New York
read more »


New Path To Justice May Await Terror Victims After Court Win

May 31, 2020

Law360
Robert Duncan comments on the challenges that terrorism victims face when seeking compensatory damages awards.  

Related Attorney(s): J. Robert Duncan
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): Washington
read more »


Virus Set To Extend Already Growing Merger Times

May 22, 2020

Law360
Joel Mitnick comments on the need for companies to give themselves even more time when getting a merger vetted by antitrust authorities during the COVID-19 pandemic.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
Related Office(s): New York
read more »


With Patent Jury Trials Set To Resume Next Month, Judges Get Creative

May 21, 2020

Law.com
John Moehringer comments on the efficacy of virtual bench trials during the coronavirus pandemic. Moehringer and his team developed the "Patent Litigation Tracker: Impact of the COVID-19 Pandemic" online resource to identify and summarize U.S. District Court orders resulting from or impacted by the pandemic.

Related Attorney(s): John Moehringer
Related Practice(s): Global Litigation, Intellectual Property, Patent & Trade Secret Litigation
Related Office(s): New York
read more »


Treasury Guidance Threatens Firms that Abused PPP Loans

May 19, 2020

FundFire
Scott Cammarn comments on the Treasury Department’s new guidance on CARES Act loan forgiveness program auditing and potential punishment.

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


Tortuous TALF 2.0

May 15, 2020

Structured Credit Investor
Gregg Jubin comments on the Federal Reserve’s new TALF 2 emergency lending facility. The cost of a TALF loan is benchmarks plus 125bp (150bp in the case of CLOs), which is 25bp more than the original TALF program over a decade ago.

Related Attorney(s): Gregg Jubin
Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): Washington
read more »


Tortuous TALF 2.0

May 15, 2020

Structured Credit Investor
Dorothy Mehta comments on the continued attraction of safe haven U.S. assets at a time of considerable crisis, despite the strictures imposed by TALF 2.

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


Tortuous TALF 2.0

May 15, 2020

Structured Credit Investor
Commercial real estate CLOs, SASBs and, most strikingly, legacy CMBS deals are not eligible for the TALF 2 emergency lending facility. Only recently issued fixed-rate senior conduit CMBS rated triple-A by two rating agencies and not on downgrade watch are eligible. Stuart Goldstein comments.

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


CLOs, Leveraged Loans Get Partial Lifeline in Fed’s TALF Changes

May 12, 2020

Bloomberg
Gregg Jubin comments on the Federal Reserve revising its Term Asset-Backed Securities Loan Facility to allow CLOs that hold a broader range of leveraged loans to be used as collateral.

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


Mergers In Virus Crunch Create New 'Failing Firm' Paradigm

May 11, 2020

Law360
Joel Mitnick comments on how COVID-19's economic fallout could lead merging parties to rely more frequently on the "failing firm" defense to convince regulators that deals that enforcers might otherwise challenge should be permitted.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
Related Office(s): New York
read more »


The Trouble With Conducting a Virtual Patent Trial During the COVID-19 Pandemic

May 07, 2020

The National Law Journal
John Moehringer discusses the different approaches that distruct judges are taking regarding trials during the COVID-19 pandemic. Cadwalader identifies and summarizes U.S. District Court orders resulting from or impacted by the pandemic through its "Patent Litigation Tracker: Impact of the COVID-19 Pandemic" online resource.

Related Attorney(s): John Moehringer
Related Practice(s): Global Litigation, Intellectual Property, Patent & Trade Secret Litigation
Related Page(s): Patent Litigation Tracker:
Impact of the COVID-19 Pandemic

Related Office(s): New York
read more »


Spring 2020 Edition of The Cartel & Joint Conduct Review Newsletter

May 06, 2020

ABA Section of Antitrust Law Joint Conduct Committee
Cadwalader Antitrust partner Joel Mitnick interviews Richard Powers, Deputy Assistant Attorney General for Criminal Enforcement in the Antitrust Division of the U.S. Department of Justice, in the Spring 2020 edition of the Cartel & Joint Conduct Review newsletter published by the ABA Section of Antitrust Law Joint Conduct Committee.  

Related Attorney(s): Joel Mitnick, Ngoc Hulbig
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York
read more »


Hot 100 Career Quiz: Cadwalader Funds Star Samantha Hutchinson

May 04, 2020

The Lawyer
Samantha Hutchinson, recently named to The Lawyer 2020 Hot 100 list of “the most daring, innovative and creative lawyers,” discusses the memories and mentors that have shaped her career.    

Related Attorney(s): Samantha Hutchinson
Related Practice(s): Corporate Finance, Fund Finance, Private Equity
Related Office(s): London
read more »


Coronavirus Impact on LIBOR Transition

April 21, 2020

Bloomberg Law
Cadwalader partners Lary Stromfeld and Mark Chorazak comment on the state of the LIBOR transition amidst the current pandemic in an article by SIA Partners in Bloomberg Law.

Related Attorney(s): Lary Stromfeld
Related Practice(s): LIBOR Preparedness Team
Related Office(s): New York
read more »


Lawyers Pick Holes in Libor Statutory Fix

April 17, 2020

Risk.net
Lary Stromfeld comments on the benefits of an ARRC legislative proposal intended to reduce the likelihood of mass legal disputes stemming from legislation designed to switch financial contracts referencing U.S. dollar Libor to a replacement benchmark.

Related Attorney(s): Lary Stromfeld
Related Practice(s): Financial Regulation, LIBOR Preparedness Team
Related Office(s): New York
read more »


Bank Regulators Urge ‘Risk-Based’ Approach To AML Exams

April 17, 2020

Law360
Christian Larson comments on the Federal Financial Institutions Examination Council’s recent updates to the BSA/AML Examination Manual, reminding examiners that banks have flexibility in designing their BSA/AML compliance programs.

Related Attorney(s): Christian Larson
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Global Litigation, White Collar Defense and Investigations
Related Office(s): Washington
read more »


4 Key Issues Clouding COVID-19 Small Biz Loan Program

April 15, 2020

Law360
Scott Cammarn comments on some of the concerns with the federal government’s deployment of the $349 billion in loans that were dedicated to small businesses as part of the $2 trillion Coronavirus Aid, Relief and Economic Security Act.

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


Nothing to See Here: LP Defaults are Fake News

April 15, 2020

The Drawdown
Mike Mascia, co-founder of the Fund Finance Association (FFA) and head of the fund finance practice at Cadwalader, notes that, contrary to reports, there have been no investor defaults and lenders are extending credit facilities to support both LPs and GPs.

Related Attorney(s): Michael Mascia
Related Practice(s): Fund Finance
Related Office(s): Charlotte
read more »


IRS Rules Help Mortgage Investment Industry in Turbulent Times

April 14, 2020

Bloomberg Tax
Jason Schwartz comments on recent IRS guidance for property owners with federally backed mortgages that brings the relief the real estate industry was hoping for.

Related Attorney(s): Jason Schwartz
Related Practice(s): Corporate Taxation, Mergers & Acquisitions Taxation, Restructurings & Bankruptcies Taxation, Securitization & Structured Products Taxation, Tax, Tax Controversy
Related Office(s): Washington
read more »


CLOs, Leveraged Loans Will Miss Most of Bounty From New Fed Plan

April 09, 2020

Bloomberg Law
Joseph Beach comments on the restrictions in the new Term Asset-Backed Securities Loan Facility (TALF) rules that limit how quickly the CLO market will be helped.  

Related Attorney(s): Joseph Beach
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »


Activism Poised to Become Further Entrenched in Post-pandemic World

April 02, 2020

Activistmonitor
Ellen Holloman comments on how pandemic-driven market dislocation could influence the behavior of activist shareholders, giving rise to new challenges and demands for companies to address.

Related Attorney(s): Ellen Holloman
Related Practice(s): Global Litigation, Shareholder Activism
Related Office(s): New York
read more »


Listen Up: Company Ignored Compliance Officer Who's Now $450K Richer as Whistleblower

March 31, 2020

Corporate Counsel
Lex Urban comments on a whistleblower award recently received by an employee with compliance-related job responsibilities at a company - only the third time in eight years that an award has gone to an individual with compliance or internal audit duties.

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


Style Drift

March 27, 2020

HFM Compliance
Dorothy Mehta comments on how severe volatility in the markets can change the characteristics or availability of certain assets, which could then lead to a deviation in a fund’s investment strategy.

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


CCPA, SHIELD Act to Take Back Seat During Coronavirus Pandemic?

March 24, 2020

Compliance Week
Doug Gansler comments on how much data privacy laws as a whole are being adhered to as state Attorneys General deal with the coronavirus pandemic.

Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Related Office(s): Washington
read more »


For US Merger Enforcers It's Business As (Almost) Usual

March 23, 2020

Law360
Cadwalader antitrust partner Joel Mitnick comments on the pandemic’s impact on the U.S. merger review process.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


Ban On IPR Time-Bar Tricks Will Spur New Strategies

March 20, 2020

Law360
Danielle Tully comments on a federal circuit decision barring techniques that permitted inter partes reviews that would otherwise be time-barred.

Related Attorney(s): Danielle Tully
Related Practice(s): Intellectual Property
Related Office(s): New York
read more »


'More Challenging Than 9/11': Pandemic Tests American Criminal Justice

March 17, 2020

CNN
Jodi Avergun comments on how the U.S. criminal justice system and a defendant's right to a speedy trial have been tested before, following the September 11 attacks.

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


Dutch Tell European Debt Security Issuers About New VAT Hit

March 17, 2020

Law360
Adam Blakemore comments on the Netherland’s new 21 percent value-added tax on collateralized loan obligations that are composed of Dutch-domiciled special purpose vehicles.

Related Attorney(s): Adam Blakemore
Related Practice(s): Corporate Taxation, Securitization & Asset Based Finance, Tax
Related Office(s): London
read more »


Coronavirus Cited in Deal Documents

March 13, 2020

Commercial Mortgage Alert
Michael Gambro comments on the risk disclosures about the potential impact of the coronavirus that have begun to show up in commercial MBS documents.

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


Will The FTC Get Burned By Arch Coal Again?

March 05, 2020

Law360
Cadwalader antitrust partner Joel Mitnick comments on the FTC’s antitrust challenge to a joint venture among two coal-mining companies.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
read more »


SFO Compliance Guidance Distills but Does Not Illuminate Enforcer Expectations

March 04, 2020

Anti-Corruption Report
Kevin Roberts comments on the U.K. Serious Fraud Office (SFO) guidance on evaluating compliance programmes, published in January 2020.     

Related Attorney(s): Kevin Roberts
Related Practice(s): White Collar Defense and Investigations
Related Office(s): London
read more »


The Cannabis Industry's Next Big Threat: Hacks and Fraud

February 20, 2020

CNN
Jodi Avergun comments on how cannabis' emerging market status makes it a prime target for fraud.

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


Rite Aid’s Odds of Finding Suitor May Improve With Sprint Ruling

February 13, 2020

Bloomberg
Cadwalader antitrust partner Joel Mitnick shares his insight on the efficacy of the “weakened competitor” defense for government-challenged mergers.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust
read more »


Sprint, T-Mobile Merger Win Could Bolster Struggling Firm Defense

February 12, 2020

Bloomberg Law
The role that Sprint’s financial struggles and grim prospects played in court approval of its $26 billion merger with T-Mobile could prompt other companies to use a similar defense against antitrust claims.  

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
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Uphill battle for T-Mobile/Sprint appeal, experts say

February 12, 2020

Global Compeition Review
The states that sued to block the T-Mobile/Sprint merger have not said if they will appeal against a New York federal judge’s ruling in favour of the companies, but antitrust observers warn that it would be a difficult judgment to overturn.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
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Trump’s Antitrust Officials Get Win With T-Mobile Verdict

February 11, 2020

The Wall Street Journal
The failed legal challenge by state attorneys general to T-Mobile US Inc.’s takeover of Sprint Corp. reaffirmed the federal government’s authority in policing mergers, but the case leaves behind an increasingly partisan landscape that could complicate antitrust enforcement.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
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T-Mobile-Sprint victory a repudiation of 'overly aggressive' state enforcers’ action

February 11, 2020

MLex
A federal judge’s approval of T-Mobile’s acquisition of Sprint was seen as a repudiation of the group of state attorneys general who ignored the antitrust settlement negotiated by the US Department of Justice and US Federal Communications Commission and sued to kill the deal.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
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Novel FTC Theory in Evonik, PeroxyChem Sinks Merger Win Streak

February 10, 2020

Bloomberg Law
Cadwalader antitrust partner Joel Mitnick comments on the FTC’s failed challenge to Evonik Industries AG’s successful acquisition of PeroxyChem LLC.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
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Chemical Merger Strategy Burns FTC

February 06, 2020

Law360
Joel Mitnick comments on a D.C. federal judge's ruling that the FTC hadn’t justified its request for a preliminary injunction temporarily blocking Evonik's planned $625 million purchase of fellow hydrogen peroxide producer PeroxyChem.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation, Merger Clearance
Related Office(s): New York
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Cadwalader Retains CMBS Title

January 31, 2020

Commercial Mortgage Alert
Stuart Goldstein comments on Cadwalader’s continued dominance in the U.S. commercial MBS market. The firm is once again ranked as the number one law firm advising issuers and underwriters on commercial MBS offerings, topping the 2019 Commercial Mortgage Alert tables. The firm has now been ranked first in the issuer counsel category for two decades running.

Related Attorney(s): Stuart Goldstein
Related Practice(s): Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): Charlotte
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CFTC Urged to Cement Relief From a Non-Cleared Margin Rule

January 21, 2020

Risk.net
Nihal Patel comments on how the two different applications of the minimum transfer amount (MTA) rule -- initial margin (IM) and variation margin (VM) -- can impact the overall amount of collateral exchanged in a swap contract.   

Related Attorney(s): Nihal Patel
Related Practice(s): Derivatives & Structured Products, OTC Derivatives, Swap Regulation
Related Office(s): New York
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Pru Affiliate to Pay $1M for Flubbing Expense, Performance Data

January 16, 2020

Ignites
Steven Lofchie comments on a Prudential affiliate recently agreeing to pay $1 million to settle claims that it misled retirement plan participants on fund costs, ratings and historical performance.

Related Attorney(s): Steven Lofchie
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Financial Regulation
Related Office(s): New York
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Comment: FTC, DOJ vertical merger guidelines miss the elephant in the room: remedies for illegal deals

January 13, 2020

MLex
Cadwalader antitrust partner Joel Mitnick shares his insights on the FTC and DOJ’s recently updated vertical merger guidelines.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
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Tempered Outlook for CRE CLO Issuance

January 10, 2020

Commercial Mortgage Alert
Stuart Goldstein comments on the market for commercial real estate CLOs in 2020.

Related Attorney(s): Stuart Goldstein
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): Charlotte
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Big tech companies brace for fallout from antitrust probes in U.S., Europe

January 06, 2020

Congressional Quarterly Roll Call
Cadwalader antitrust partner Joel Mitnick comments on the recent conflation of competition and privacy in big tech antitrust reviews.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
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