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

Cadwalader’s Michael Mascia, Wesley Misson Co-Author Chapter in Fund Finance 2019

Mar 15, 2019

Fund Finance 2019

Cadwalader Finance Group co-chair Michael Mascia and partner Wesley Misson are co-authors of the “Lending to Separately Managed Accounts” chapter in the recently released Fund Finance 2019, a comprehensive guide to the fund finance market published by Global Legal Insights. Mascia is also a contributing editor of Fund Finance 2019.

 


Related Attorney(s): Michael Mascia, Wesley Misson
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »

Cadwalader’s Brian Foster, Samantha Hutchinson Co-Author Chapter in Fund Finance 2019

Mar 15, 2019

Fund Finance 2019

Cadwalader partners Brian Foster and Samantha Hutchinson are co-authors of “The Rise of Private Equity Secondaries Financings.” a chapter in the recently released Fund Finance 2019, a comprehensive guide to the fund finance market published by Global Legal Insights.

 


Related Attorney(s): Brian Foster, Samantha Hutchinson
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
Related Office(s): London, New York
read more »

Cadwalader’s Jeremy Cross, Samantha Hutchinson and Mathan Navaratnam Co-Author Chapter in Fund Finance 2019

Mar 15, 2019

Fund Finance 2019

Cadwalader partners Jeremy Cross and Samantha Hutchinson, with associate Mathan Navaratnam, are co-authors of the England & Wales chapter in the recently released Fund Finance 2019, a comprehensive guide to the fund finance market published by Global Legal Insights.


Related Attorney(s): Jeremy Cross, Samantha Hutchinson, Mathan Navaratnam
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
Related Office(s): London
read more »
view all »

Events

SIFMA's C&L Annual Seminar

Mar. 24-27, 2019

Cadwalader is proud to sponsor SIFMA’s C&L Annual Seminar.

Related Attorney(s): Jason Halper, Jodi Avergun, Ellen Holloman, Steven Lofchie, Mark Chorazak, Maurine Bartlett, Jonathan Watkins
Related Practice(s): Financial Regulation, Global Litigation
Related Office(s): New York, Washington
read more »

9th Annual Global Fund Finance Symposium

Mar. 24-26, 2019

Cadwalader is proud to sponsor the 9th Annual Global Fund Finance Symposium where partner Samantha Hutchinson will be speaking on the "Anatomy of a Subscription Default” panel on Tuesday, March 26th.

Related Attorney(s): Samantha Hutchinson
Related Practice(s): Fund Finance
Related Office(s): Charlotte, London, New York
read more »

CREFC Europe's After Work Seminar- Loan on Loan Transactions: Financing of CRE Mortgage Debt

Mar. 27, 2019

Cadwalader is proud to host CREFC Europe's After Work Seminar on March 27th where partner Nick Shiren will be moderating a panel focusing on the loan on loan financing technique.

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

Clients & Friends Memos

Shareholder Engagement with UK Companies – Proposed Changes to the Stewardship Framework

Mar 11, 2019

Two UK regulatory bodies are currently consulting on changes to their shareholder engagement or stewardship rules.  The FRC is consulting on a revised version of its Stewardship Code and the FCA is consulting on its proposals implementing the shareholder engagement requirements of the EU’s Revised Shareholder Rights Directive.


Related Attorney(s): Joanna Valentine, Joshua Apfelroth, Richard Brand
Related Practice(s): Corporate
read more »

The Digital Revolution Takes on New Meaning: Among Calls for Heightened U.S. Data Privacy Measures, California is King

Mar 01, 2019

California’s ambitious new data privacy law, the California Consumer Privacy Act of 2018 (“CCPA”), will go into effect on January 1, 2020 and promises to bring a new era of digital regulation to America’s shores. Financial institutions that just navigated their way through implementing the European Union’s General Data Protection Regulation (“GDPR”), which became effective in May 2018, may be uneasy about the prospect of complying with yet another new data privacy compliance regime. They will find some comfort in the fact that many of the systems and processes designed for GDPR compliance will serve their needs under the CCPA as well. However, between now and the go-live date of the CCPA, U.S. federal and state laws and regulations are likely to continue to evolve and expand, and financial institutions will need to prepare for CCPA implementation while staying abreast of other fast-moving developments. 


Related Attorney(s): Joseph Moreno, Sophie Cuthbertson, James Treanor, Keith Gerver, Stephen Weiss
Related Practice(s): Cybersecurity and Data Protection, Securitization & Asset Based Finance, White Collar Defense and Investigations
read more »

SEC Adopts Final Rules for Disclosure of Hedging Policies

Feb 27, 2019

The U.S. Securities and Exchange Commission (the “SEC”) approved a final rule on December 18, 2018 implementing Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).  The new rule will require a public company to disclose whether, and to what extent, it has adopted practices or policies regarding the ability of employees, officers, and directors to engage in certain hedging transactions with respect to the company’s equity securities.


Related Attorney(s): David Teigman, Andrew Alin, Joshua Apfelroth, Richard Brand, Christopher Cox, Stephen Fraidin, Erica Hogan, Vivian Maese, Braden McCurrach, William Mills, Gregory Patti, Pearl Yuan-Garg
Related Practice(s): Corporate, Mergers & Acquisitions, Private Equity
read more »

Blogs & Newsletters

Antitrust and Financial Services

European Commission Extends FX Scrutiny to FX Options

Feb 22, 2019


On 19 February 2019, HSBC reported that the European Commission is investigating “potential coordination in [FX] options trading”.  The announcement signals an extension of the Commission’s long-running antitrust scrutiny into FX markets.


Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust, Antitrust & Financial Services
read more »

FCA Issues First Ever Fine Against Individual Based on Antitrust Misconduct

Feb 06, 2019


On 4 February 2019, the UK Financial Conduct Authority (FCA) imposed a £32,000 fine on Paul Stephany, a former fund manager at Newton Investment Management Ltd. (Newton), for attempted bid-rigging in the context of the book-building processes for an IPO (by On The Beach Group plc) and a share placement (by Market Tech Holdings Limited) in 2015.


Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust, Antitrust & Financial Services, Antitrust Compliance & Counselling, Antitrust Investigations, Antitrust Litigation & Disputes, Global Litigation, Merger Clearance
read more »

Swiss Competition Commission Investigates Mobile Payment Apps

Nov 27, 2018


On 15 November 2018, the Swiss Competition Commission, Comco, announced an investigation into whether various Swiss financial firms agreed to boycott Apple Pay and Samsung Pay, in order to protect rival mobile payments app, TWINT. 


Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust, Global Litigation
read more »

view all »

BrassTax

BrassTax

Mar 21, 2019


BrassTax is a monthly market intelligence update providing clear, concise insights on important recent developments that impact our transactional practices coupled with thought-provoking practical implications.


Related Attorney(s): Linda Swartz, Jason Schwartz, Mark Howe, Adam Blakemore, Edward Wei, Gary Silverstein
Related Practice(s): Corporate Taxation, Mergers & Acquisitions Taxation, Restructurings & Bankruptcies Taxation, Securitization & Structured Products Taxation, Tax, Tax Controversy
Related Office(s): London, New York, Washington
read more »

view all »

FCPA Advisor

US and UK Regulators Speak Out on Anti-Corruption Enforcement Trends and Priorities

Dec 06, 2016


A number of key trends and priorities in international anti-corruption enforcement emerged last week at the 33rd ACI International Conference on the Foreign Corrupt Practices Act, held November 29 – December 2 outside of Washington, DC. Leading prosecutors and regulators from the US and UK described skyrocketing international law enforcement coordination, announced both “sticks” and “carrots” to encourage self-disclosure and cooperation, and pledged again to hold individuals accountable for anti-corruption violations. Officials from the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the UK Serious Fraud Office (SFO) repeatedly emphasized these points in both their prepared remarks and their responses to questions.


Related Attorney(s): J. Robert Duncan, James Treanor
Related Practice(s): FCPA Enforcement and Compliance, White Collar Defense and Investigations
read more »

Paper Tigers: Recent Settlements Show Companies Operating in China Need to Do More to Enforce FCPA Policies

Mar 02, 2016


Amid a recent flurry of Foreign Corrupt Practices Act (“FCPA”) settlements announced by the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) were two settlements relating to the provision of improper gifts, hospitality and travel to Chinese government officials.


Related Attorney(s): James Treanor
Related Practice(s): FCPA Enforcement and Compliance, White Collar Defense and Investigations
read more »

Eleventh Circuit Defines “Instrumentality” Broadly Under the FCPA

May 19, 2014


On May 16, the Court of Appeals for the Eleventh Circuit became the first federal appellate court to define an important element of the Foreign Corrupt Practices Act (“FCPA”) – what constitutes an “instrumentality” of a foreign government and, thus, who is a foreign official. In United States v. Esquenazi,1 a three-judge panel adopted a broad, fact-based definition of that term. Affirming the criminal convictions of both appellants, the court held that, in order to satisfy the statute, an “instrumentality” had to be an entity that both (1) is controlled by a foreign government and (2) performs a function that the foreign government “treats as its own.” The court provided clear guidance to trial judges and juries by setting out the critical elements to be determined when applying the two-pronged test.


Related Attorney(s): Jodi Avergun
Related Practice(s): FCPA Enforcement and Compliance
Related Office(s): New York
read more »

view all »

Fund Finance Friday

Welcome to Miami!

Mar 22, 2019


Gear up for the 9th Annual Global Fund Finance Symposium with this week's issue of Fund Finance Friday.


Related Attorney(s): Michael Mascia, Tim Hicks, Jeremy Cross, Brian Foster, Samantha Hutchinson, Kurt Oosterhouse, Wesley Misson
Related Practice(s): Fund Finance
Related Office(s): Charlotte, London, New York, Washington
read more »

Overcall Limitations and LIBOR Replacement in Fund Finance

Mar 15, 2019


In this week's Fund Finance Friday: Overcall Limitations and LIBOR Replacement in Fund Finance.


Related Attorney(s): Michael Mascia, Jeremy Cross, Brian Foster, Tim Hicks, Samantha Hutchinson, Kurt Oosterhouse, Wesley Misson
Related Practice(s): Fund Finance
Related Office(s): Charlotte, London, New York, Washington
read more »

Fund Finance Promotion Week

Mar 08, 2019


In this week's Fund Finance Friday: Opinions and news on Subscription Facilities plus more Fund Finance events announced for 2019.


Related Attorney(s): Michael Mascia, Tim Hicks, Jeremy Cross, Wesley Misson, Brian Foster, Samantha Hutchinson, Kurt Oosterhouse
Related Practice(s): Fund Finance
Related Office(s): Charlotte, London, New York, Washington
read more »

view all »

Women in the City Program

Update - October 2016

Oct 14, 2016


How can more women be encouraged into funds?

This question was debated by a panel of women leaders in the investment fund industry at Cadwalader's second Women in the City debate.  The programme of discussions is designed to inspire more women to take leadership roles in their organisations by offering open dialogue, useful insights and practical guidance. Cadwalader hosted a large group of clients and colleagues over breakfast for a very lively panel discussion entitled "Women in Investment Funds: A Fundamental Advantage: Building Female Talent in the Investment Management Sector".


Related Attorney(s): Ingrid Bagby
Related Office(s): London
read more »

Update - August 2016

Aug 04, 2016


What skills do women need to be successful leaders?

This question was debated by a panel of high profile female leaders at the recent launch of Cadwalader's Women in the City Programme, a series of seminars designed to inspire more women to take leadership roles in their organisations by offering open dialogue, useful insights and practical guidance.


Related Attorney(s): Gregory Petrick
Related Office(s): London
read more »

view all »

Videos

"Life After LIBOR: What Financial Institutions Need to Know and Do"

Feb 26, 2019

Lary Stromfeld discusses "Life After LIBOR: What Financial Institutions Need to Know and Do."


Related Attorney(s): Lary Stromfeld
Related Practice(s): Bank Regulation, Derivatives & Structured Products, Financial Regulation, LIBOR Preparedness Team, Securitization & Asset Based Finance

#MeToo #YearTwo

Feb 6, 2019

Our 2019 Civil Rights Series opened with guest speakers Carmelyn Malalis, Chair and Commissioner of the New York City Commission on Human Rights, and Suzanne Goldberg, Herbert and Doris Wechsler Clinical Professor of Law at Columbia Law School, joining us for a discussion of the #MeToo Movement.


Related Attorney(s): Patrick Quinn
Related Page(s): Diversity & Inclusion

CBLA Hosts Brooklyn DA Eric Gonzalez as Part of Firm's Hispanic Heritage Month Celebration

Oct 10, 2018

Cadwalader's Black and Latino Association (CBLA) hosted Brooklyn District Attorney Eric Gonzalez as part of the firm's Hispanic Heritage Month celebration. Mr. Gonzalez discussed his career as the first elected Latino District Attorney in New York State, criminal justice reform and his groundbreaking initiative, Justice 2020.


Related Page(s): Diversity & Inclusion

CadwaladerSpotlight

IMN's 6th Annual Investors' Conference on European CLOs and Leveraged Loans

Nick Shiren and Daniel Tobias will be speaking at this key industry event on April 2 in London.

Cadwalader's research and intelligence platform provides analysis on changes in U.S. financial regulation. Subscribers receive a daily newsletter interpreting new laws, rules and enforcement actions that impact financial institutions.