Information you need from those in the know

Cadwalader regularly publishes materials, including newsletters and news alerts of interest to our clients. Our communications portfolio also includes articles authored by our attorneys, as well as information about events in which our personnel will participate.

Articles & Books

Arbitration vs litigation: choices, choices

November 11, 2022

New Law Journal

With the war in Ukraine showing no sign of abating and the after-effects of the pandemic only slowly subsiding, global markets are in turmoil. The markets in the UK are not immune from this upheaval and indeed have their very own localised issues to contend with.

Related Attorney(s): Simon Walsh
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation
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ESG Ratings: A Call for Greater Transparency and Precision

November 10, 2022

Harvard Law School Forum on Corporate Governance
Related Attorney(s): Jason Halper, Duncan Grieve, Sara Bussiere, Timbre Shriver, Jayshree Balakrishnan
Related Practice(s): Corporate Governance
Related Office(s): London, New York
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The Impact of FTX’s Collapse: Insights on What Comes Next

November 10, 2022

In an unwelcome reminder of the events that unfolded in the wake of the May 2022 crypto market collapse, Bahamian-based crypto exchange FTX is reportedly on the brink of collapse following an unexpected surge in customer withdrawals and a failed deal with competitor Binance. In an effort to stave off the fate of former crypto giants Three Arrows Capital (3AC), Voyager Digital and Celsius Network, each of which entered bankruptcy protection earlier this year, FTX and Binance announced on Tuesday that they had entered into a “non-binding letter of intent” for Binance to purchase all of FTX’s non-U.S. exchange business. However, within 24 hours, Binance announced that it would not proceed with the deal, citing concerns about mishandling of customer funds and U.S. regulatory investigations.

Related Attorney(s): Jodi Avergun, Kendra Wharton, Anthony Greene
Related Practice(s): Bankruptcy Litigation, Blockchain, Cryptocurrency, and Digital Assets, Financial Restructuring, Global Litigation, White Collar Defense and Investigations
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CLO Summit 2022

December 4-6, 2022

Cadwalader is honored to be a sponsor at the CLO Summit 2022. Corporate and Securities partner David Gingold will speak at the summit in California. He will be speaking on the “ESG CLOs – Regulatory, Data & Analytics Focus” panel. Cadwalader partners Joe Beach, Nate Spanheimer, and Neil Weidner will also be in attendance. 

Related Attorney(s): David Gingold, Joseph Beach, Nathan Spanheimer, Neil Weidner
Related Practice(s): CLOs
Related Office(s): New York
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Latin Lawyer ESG Webinar: Regulating the Green Investment Boom – Promise & Pitfalls

December 15, 2022

Cadwalader partner Jason Halper and special counsel Duncan Grieve will speak at the Latin Lawyer ESG Webinar: Regulating the Green Investment Boom – Promise & Pitfalls.

Related Attorney(s): Duncan Grieve, Jason Halper
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): London, New York
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Clients & Friends Memos

Rule 15c2-11 Update: The SEC Provides Temporary Relief for Fixed Income Rule 144A Securities Until January 4, 2025

December 01, 2022

The SEC’s Division of Trading and Markets issued a new no-action letter yesterday that removes the requirement that Rule 144A information be made publicly available prior to a broker-dealer publishing a quotation or submitting a quotation for publication on a fixed income Rule 144A security.

Related Attorney(s): Michael Gambro, Maurine Bartlett
Related Practice(s): Securitization & Asset Based Finance
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ESG Risks of Antitrust Enforcement and Liability

November 14, 2022

Business enterprises are under pressure the world over to develop and adopt policies that promote social, environmental and governance (“ESG”) goals. Many ESG goals and policies are undoubtably laudable from a societal standpoint. Yet, perhaps surprisingly, legislators and antitrust enforcers in the United States and Europe have raised concerns that conduct associated with industry collaborations (particularly climate-related) could be challenged under antitrust laws.

Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Environmental, Social & Governance (ESG)
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Should I Stay or Should I Go: Second Circuit Holds that Mortgagee Violated Automatic Stay by Foreclosing on Property where Bankrupt Tenant was a Named Defendant

October 26, 2022

On July 6, 2022, the Court of Appeals for the Second Circuit decided In Re: Eileen Fogarty, holding that a mortgagee violated the automatic stay imposed when a tenant filed bankruptcy by proceeding with a foreclosure sale that named the same tenant as a defendant. The automatic stay provisions in the Bankruptcy Code are intended to protect debtors by prohibiting any actions or legal proceedings that may dissipate the debtor’s assets or interfere with the orderly administration of the bankruptcy estate.

Related Attorney(s): Steven Herman, Eunji Jo
Related Practice(s): Real Estate
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Brass Tax

BrassTax is a monthly newsletter that provides clear and concise insights on important tax developments.

Related Attorney(s): Linda Swartz, Mark Howe, Adam Blakemore, Gary Silverstein
Related Practice(s): Corporate Taxation, Mergers & Acquisitions Taxation, Restructurings & Bankruptcies Taxation, Securitization & Structured Products Taxation, Tax, Tax Controversy

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Cadwalader Climate

Cabinet News & Views

Cabinet News & Views is a weekly newsletter covering news in the financial services industry. 

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Fund Finance Friday

Fund Finance Friday is a weekly market intelligence update for the fund finance market from Cadwalader. 

Related Attorney(s): Wesley Misson, Tim Hicks, Kurt Oosterhouse, Samantha Hutchinson, Brian Foster
Related Practice(s): Fund Finance

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REF News & Views

REF News & Views is a monthly newsletter comprised of news and commentary around legal matters concerning mortgage finance, mezzanine finance, loan sales and construction finance.

Related Attorney(s): Duncan Hubbard, Fredric Altschuler, Alan Lawrence, Holly Chamberlain, Bonnie Neuman, Steven Herman, Melissa Hinkle, Matthew Robertson, Christopher Dickson
Related Practice(s): Construction Finance, Joint Ventures, Loan Sales, Management & Leasing, Mezzanine Finance, Mortgage Finance, Real Estate, Real Estate Acquisitions & Dispositions, Real Estate Restructuring, Real Estate Workouts & Restructurings

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State Attorney General Insider

State Attorney General Insider is a newsletter on the latest notable cases and updates from within the State Attorneys General community.

Related Attorney(s): Douglas Gansler, Jodi Avergun, Jason Halper, Ellen Holloman, Joel Mitnick
Related Practice(s): Global Litigation, State Attorneys General Practice

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Our podcasts delve into the legal trends shaping global business – from financial regulations to fund finance, investigations and more.

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LIBOR Before Labor Day (2022 Edition)

August 26, 2022

Cadwalader partner Jeff Nagle discusses the latest in LIBOR transition in another installment of FFF: Industry Conversations. 

Related Attorney(s): Jeffrey Nagle
Related Practice(s): LIBOR Preparedness Team

Finance Forum Focus Series: Spotlight on LIBOR Transition

October 20, 2021

In this installment of our Finance Forum Focus Series, Cadwalader partners Lary Stromfeld and Jeffrey Nagle discuss the latest LIBOR transition developments.

Related Attorney(s): Lary Stromfeld, Jeffrey Nagle
Related Practice(s): LIBOR Preparedness Team