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

Deposit Insurance Limits and Trusts and Mortgage Servicing

May 26, 2022

The FDIC released a “Small Entity Compliance Guide” that provides a summary of its final rule allowing for the “simplification of deposit insurance,” which takes effect on April 1, 2024.

Related Attorney(s): Mercedes Tunstall
Related Practice(s): Financial Regulation
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A Call to Arms: CFPB Encourages States to Use Federal Authorities to Bring Enforcement Actions

May 26, 2022

The Consumer Financial Protection Bureau ("CFPB") issued an interpretive rule on May 19, reiterating the authority that states have to pursue companies and individuals that violate federal consumer financial protection laws, including the Consumer Financial Protection Act of 2010 ("CFPA").

Related Attorney(s): Rachel Rodman, Wesley Wintermyer
Related Practice(s): Global Litigation
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CFTC Considers FTX’s Democratized Clearing Proposal

May 26, 2022

On May 25, 2022, the U.S. Commodity Futures Trading Commission (“CFTC”) conducted a public hearing to consider a request from LedgerX, LLC, d.b.a. FTX US Derivatives (“FTX”), to amend its order of registration as a derivatives clearing organization (“DCO”) to allow direct clearing of listed futures contracts on Bitcoin and Ethereum and other digital assets by retail participants. This is a dramatic departure from a traditional clearing model where retail participants can trade and clear futures only through professional intermediaries – registered and heavily-regulated futures commission merchants (“FCMs”). 

Related Attorney(s): Peter Malyshev
Related Practice(s): Financial Regulation
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20th Advanced Summit on Life Sciences Patents

June 2-3, 2022

Intellectual Property Chair Dorothy Auth will present on the panel, “If I Knew Then What I Know Now: A Retrospective Understanding of Efficiency and Success."

Related Attorney(s): Dorothy Auth Ph.D.
Related Practice(s): Global Litigation, Intellectual Property
Related Office(s): New York
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2022 Criminal Justice Section Global Paris White Collar Crime Institute

June 10, 2022

Cadwalader is proud to sponsor the 2022 Criminal Justice Section Global Paris White Collar Crime Institute. The Criminal Justice Section and the Paris Bar will host a full-day conference in Paris, France, examining international white collar crime developments. The conference, held at the beautiful Paris Bar’s Maison du Barreau, will begin with an opportunity to hear about enforcement priorities in this evolving field of law.

Related Attorney(s): Mark Beardsworth, Jodi Avergun
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): London
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CRE Finance Council's Annual Conference 2022

June 13-15, 2022

Cadwalader is proud to sponsor the CRE Finance Council's Annual Conference 2022.

Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Commercial Real Estate CLOs, Securitization & Asset Based Finance
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Clients & Friends Memos

Junior Creditors Beware: Third Circuit Awards Damages for Breach of Turnover Provision

May 26, 2022

On April 13, 2022, the Court of Appeals for the Third Circuit ruled in CoFund II LLC v. Hitachi Capital America Corp. that a junior creditor breached a turnover provision in an intercreditor agreement when it applied a senior creditor’s collateral to satisfy the junior creditor’s claims before the senior creditor’s claims had been fully paid.  The Third Circuit also affirmed a judgment that awarded the senior creditor damages for the misapplication of such collateral proceeds in violation of the intercreditor agreement’s turnover provision.

Related Attorney(s): Ingrid Bagby, Michele Maman, Thomas Curtin, Marc Veilleux
Related Practice(s): Financial Restructuring
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Lombard v Skyjets: Key Takeaways for Lenders and Restructuring Professionals

May 24, 2022

The recent English High Court decision of Lombard North Central Plc v European Skyjets Ltd [2022] EWHC 728 (QB) provides some important guidance for lenders and restructuring professionals when communicating with distressed borrowers. Actions will speak louder than words – whether in the form of a “no waiver” provision in a contract or an express reservation of rights – when a court is considering a lender’s response to a borrower’s default on its financing arrangements. While there are no massive surprises to emerge from Foxton J’s decision, the breadth and creativity of some of the arguments advanced by the borrower’s lawyers nonetheless provided the Court with the opportunity to provide additional certainty to market participants.    

Related Attorney(s): Bevis Metcalfe, Matthew Smith, William Sugden, Matthew Mazenier
Related Practice(s): Corporate Finance, Financial Restructuring, Private Equity
Related Office(s): London
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What’s in a Name?: “Defense Stocks” Highlight the Challenges for Asset Managers in Navigating Sustainability Taxonomies as They Characterize Investments as ESG-Compliant

May 19, 2022

It is hardly news that ESG investing is a significant aspect of the asset management industry.  According to Barron’s, $400 billion was invested in U.S. mutual funds and assets that have an ESG orientation in 2021.  However, it remains a challenge for issuers, asset managers, regulators and other industry participants to determine whether a particular business, industry, or product promotes or is harmful to ESG considerations.  

Related Attorney(s): Jason Halper, Ellen Holloman, Sara Bussiere, Timbre Shriver, Jayshree Balakrishnan
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Environmental, Social & Governance (ESG) Task Force, Global Litigation
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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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Fin News

Cabinet News & Views

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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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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

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