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 Discusses FTC’s About Face on Debt for Hart-Scott-Rodino Purposes

September 17, 2021

Columbia Law School's Blue Sky Blog

Another decision from the FTC could raise the costs of merger reviews for both the parties and the government alike. Cadwalader's Joel Mitnick and Ngoc Hulbig provide insights here.

Related Attorney(s): Joel Mitnick, Ngoc Hulbig
Related Practice(s): Antitrust, Global Litigation
Related Office(s): New York, Washington
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Sexual Harassment Workplace Investigations in the MeToo Era

September 15, 2021


This practice note provides an overview of the statutes and standards governing the various legal issues implicated by the MeToo (or #MeToo) movement and addresses best practices for conducting sexual harassment workplace investigations in the MeToo era.

Related Attorney(s): Ellen Holloman
Related Practice(s): Global Litigation
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Circuit Strikes Class Action Allegations on Pleadings, Sends Securities Fraud Claims to Arbitration

September 14, 2021

ABA Section of Litigation

The Eighth Circuit recently enforced an arbitration clause despite evidence that the plaintiff never saw the clause or signed the arbitration agreement. Cadwalader's Jason Halper and Adam Magid outline the decision here. 

Related Attorney(s): Jason Halper, Adam Magid
Related Practice(s): Global Litigation
Related Office(s): New York
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The 25th Anniversary Global ABS

September 27-28, 2021

Cadwalader is pleased to sponsor The 25th Anniversary Global ABS where partners Suzanne Bell and Stephen Day will moderate various panels.

Related Attorney(s): Suzanne Bell, Stephen Day
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): Dublin, London
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4th Annual LF Dealmakers Forum

September 29-30, 2021

Cadwalader partner and co-head of Antitrust Litigation Philip Iovieno will be speaking on the "Expanding Toolbox: Changes in Law Firm Contingency & AFA Models" panel at the 4th Annual LF Dealmakers Forum.

Related Attorney(s): Philip Iovieno
Related Practice(s): Antitrust, Antitrust Litigation, Global Litigation
Related Office(s): New York
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IFLR Corporate Sustainability Summit 2021

September 29-30, 2021

Cadwalader partners Jason Halper and Ellen Holloman will be featured speakers at IFLR's Corporate Sustainability Summit 2021.

Related Attorney(s): Jason Halper, Ellen Holloman
Related Practice(s): Environmental, Social & Governance (ESG) Task Force, Global Litigation
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Clients & Friends Memos

FTC Rescinds Vertical Merger Guidelines

September 20, 2021

Change is the only constant of late at the Federal Trade Commission (“FTC”). Newly confirmed Chair Lina Khan has wasted no time in using her three-Democrat majority to overhaul the Commission’s merger enforcement practices.

Related Attorney(s): Joel Mitnick, Ngoc Hulbig
Related Practice(s): Antitrust
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One-Two Punch: FTC Does About-Face on Treatment of Debt for HSR Purposes and Casts Doubt on Informal Interpretation Program

September 14, 2021

In a recent blog post, the Acting Director of the Federal Trade Commission Bureau of Competition announced the reversal of the Federal Trade Commission’s (“FTC”) decades-long position regarding the treatment of debt repayment when determining whether a premerger notification filing under the Hart-Scott-Rodino (“HSR”) Act is required. Effective September 27, 2021, companies and individuals that do not file HSR based on excluding retired debt from the transaction value may face enforcement action.

Related Attorney(s): Joel Mitnick, Ngoc Hulbig
Related Practice(s): Antitrust, Mergers & Acquisitions
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Investors and Regulators Turning up the Heat on Climate-Change Disclosures: Attempting to Make Sense of the State of Play in the US, EU, and UK

September 14, 2021

As investors’ calls for greater climate-related corporate accountability grow louder, the “E” in ESG—environmental, social and governance—looms larger than ever, particularly from the perspective of directors facing oversight responsibilities and the challenge of providing adequate disclosure.

Related Attorney(s): Jason Halper, Melis Acuner, Mark Beardsworth, Ellen Holloman, Kevin Roberts, Sara Bussiere, Duncan Grieve, Timbre Shriver
Related Practice(s): Environmental, Social & Governance (ESG) Task Force, Global Litigation, White Collar Defense and Investigations
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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, Jason Schwartz, 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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Fund Finance Friday

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

Related Attorney(s): Michael Mascia, 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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When the Phone Rings: Having a Readiness Plan for a Possible Congressional Investigation

July 20, 2021

Cadwalader partner Mark Grider hosts a discussion on how Congressional investigations begin, develop and get resolved. Watch here.

Related Attorney(s): Mark Grider
Related Practice(s): Crisis Management and Congressional Investigations Practice, Global Litigation, White Collar Defense and Investigations

FUNDing Positive ESG Impact: ESG Developments in Fund Finance

June 25, 2021

In this episode of ESG Talks, Bill Cox, Global Head of Corporate, Financial, and Government Ratings at KBRA, sits down with Wesley Misson and Katie McShane from Cadwalader, Wickersham & Taft.

Related Attorney(s): Wesley Misson, Katie McShane
Related Practice(s): Environmental, Social & Governance (ESG) Task Force, Fund Finance