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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, 2022The 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 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, 2022The 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 Practice(s): Global Litigation
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CFTC Considers FTX’s Democratized Clearing Proposal
May 26, 2022On 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 Practice(s): Financial Regulation
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Events
20th Advanced Summit on Life Sciences Patents
June 2-3, 2022Intellectual 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 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, 2022Cadwalader 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 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, 2022Cadwalader is proud to sponsor the CRE Finance Council's Annual Conference 2022.
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Clients & Friends Memos
Junior Creditors Beware: Third Circuit Awards Damages for Breach of Turnover Provision
May 26, 2022On 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 Practice(s): Financial Restructuring
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Lombard v Skyjets: Key Takeaways for Lenders and Restructuring Professionals
May 24, 2022The 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 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, 2022It 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 Practice(s): Corporate & Financial Services Litigation & Regulation, Environmental, Social & Governance (ESG) Task Force, Global Litigation
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Newsletters
Brass Tax
BrassTax is a monthly newsletter that provides clear and concise insights on important tax developments.
Related Practice(s): Corporate Taxation, Mergers & Acquisitions Taxation, Restructurings & Bankruptcies Taxation, Securitization & Structured Products Taxation, Tax, Tax Controversy
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Fin News
Fund Finance Friday
Fund Finance Friday is a weekly market intelligence update for the fund finance market from Cadwalader.
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 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 Practice(s): Global Litigation, State Attorneys General Practice
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Podcasts
Our podcasts delve into the legal trends shaping global business – from financial regulations to fund finance, investigations and more.
Videos
Finance Forum Focus Series: Spotlight on LIBOR Transition
October 20, 2021In 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
Federal Judge Tosses FTC's Antitrust Lawsuit Against Facebook
June 29, 2021Related Attorney(s): Joel Mitnick
Related Practice(s): Antitrust, Global Litigation
FUNDing Positive ESG Impact: ESG Developments in Fund Finance
June 25, 2021In 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
