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

Recent Trends In Structuring CRE-CLOs

Jul 16, 2018

Commercial real estate collateralized loan obligations, or “CRE-CLOs,” are growing in popularity as a way to securitize mortgage loans. Market participants have predicated as much as $14 billion of new CRE-CLO issuances in 2018, compared to $7.7 billion in 2017.


Related Attorney(s): Jason Schwartz, Gary Silverstein, Y. Jeffrey Rotblat
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): New York
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GIR Names White Collar Defense and Investigations Chair Jodi Avergun to the Top 100 Women in Investigations Survey

July 5, 2018

Global Investigations Review

Click to read Jodi's full profile write-up in Global Investigations Review.


Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
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Trends and Developments In Shareholder Activism

June 28, 2018

Corporate Disputes Magazine

Read Cadwalader’s perspective on the recent trends and developments in shareholder activism written by Global Litigation co-chair Jason Halper, special counsel Gillian Burns, and associate Ailsa Chau.


Related Attorney(s): Jason Halper, Gillian Burns, Ailsa Chau
Related Practice(s): Corporate
Related Office(s): New York
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Events

Cadwalader's Civil Rights Series: Reports From The Trenches

July 25, 2018

Join Cadwalader on Wednesday, July 25th at 6:00 pm as our Civil Rights Series continues with speakers Vanita Gupta (President and CEO of the Leadership Conference on Civil and Human Rights) and Rachel Tiven (CEO of Lambda Legal) discussing the most pressing civil rights issues of 2018.

Related Office(s): New York
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Finance Forum 2018

Oct 9, 2018

Cadwalader will host the third annual Finance Forum in Charlotte, North Carolina on October 9, 2018.  The event will serve as a forum to discuss emerging trends, market developments and hot topics with industry leaders for the financial services and investment management community.

Related Attorney(s): Stuart Goldstein, Michael Mascia, Wesley Misson
Related Practice(s): Fund Finance
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Clients & Friends Memos

Untimely Physician Certifications for Medicare Home Care Claims—Arguably a Technicality—Vulnerable to False Claims Act Allegations: Sixth Circuit

Jul 11, 2018

On June 11, 2018, the United States Court of Appeals for the Sixth Circuit sustained a complaint against a home health care agency alleging that the agency had violated the False Claims Act (the “FCA”) by submitting numerous claims to the Medicare program, even though the agency had not timely received the requisite physician certifications of the need for the services billed‑for.


Related Attorney(s): Brian McGovern, Jared Facher
Related Practice(s): Health Care, Not-for-Profit Institutions
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Supreme Court Refuses to Extend American Pipe Tolling to Successive Class Actions

Jun 22, 2018

On June 11, 2018, in China Agritech, Inc. v. Resh, the United States Supreme Court held that the American Pipe tolling doctrine, which suspends the running of the statute of limitations applicable to the claims of individual class members during the pendency of a putative class action, does not toll the limitations period with respect to later-filed class actions.


Related Attorney(s): Jason Halper, Adam Magid, Aaron Buchman, James Orth
Related Practice(s): Global Litigation
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The Basel Committee and IOSCO Issue Criteria to Identify “Simple, Transparent and Comparable” Short-Term Securitisations

Jun 01, 2018

On 14 May 2018, the Basel Committee on Banking Supervision (the “Basel Committee”) and the Board of the International Organization of Securities Commissions (“IOSCO”) issued criteria for identifying “simple, transparent and comparable” (“STC”) short-term securitisations (the “Short-Term STC Criteria”).


Related Attorney(s): Stephen Day, David Quirolo, Nick Shiren, Jeremiah Wagner, Suzanne Bell, Robert Cannon, Neil Macleod
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »

Blogs & Newsletters


Recent Blog Postings


Health Care Fraud Focus

Are All ‘Medical Necessity’ Determinations Subject to False Claims Act Liability? Opinions May Differ.

Jul 16, 2018


Two federal appellate-court decisions handed down in the past few weeks have generated much speculation about whether “medical necessity” determinations underlying Medicare or Medicaid claims can now be considered “objectively false” — despite conflicting medical-expert opinions — and actionable under the False Claims Act (FCA). The most recent opinion was issued on July 9, 2018,... Continue Reading…


Untimely Physician Certifications for Medicare Home Care Claims – Arguably a Technicality – Vulnerable to False Claims Act Allegations: Sixth Circuit

Jul 12, 2018


On June 11, 2018, the United States Court of Appeals for the Sixth Circuit sustained a complaint against a home health care agency alleging that the agency had violated the False Claims Act (FCA) by submitting numerous claims to the Medicare program, even though the agency had not timely received the requisite physician certifications of the... Continue Reading…


Capitation Payments Aside, Transactions Between Government-Sponsored Managed Care Plans and Their Providers or Suppliers, Tainted by ‘Kickbacks,’ Are a Potential False Claims Act Violation, Says Court

Jun 29, 2018


Earlier this month, the federal District Court for the Northern District of Illinois, in U.S. ex rel. Derrick v. Roche Diagnostics Corp., sustained a whistleblower, or qui tam, complaint under the False Claims Act filed by a discharged employee of a manufacturer of glucose-testing products, and brought against the manufacturer and a Medicare Advantage (managed... Continue Reading…



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Antitrust and Financial Services

FX: Credit Suisse signals intention to contest the European Commission’s case

May 09, 2018


Manipulation of foreign exchange (FX) benchmarks has been one of the largest and longest-running probes into collusion between banks and related misconduct.


Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust, Antitrust & Financial Services, Antitrust Compliance & Counselling, Antitrust Investigations, Antitrust Litigation & Disputes, Merger Clearance
Related Office(s): Brussels, London
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UK LIBOR Claim for Antitrust Damages – Banks Apply to Strike Out

Apr 05, 2018


In what is understood to be the first LIBOR-related antitrust case in the UK (FDIC v Barclays and others), defendants have applied in the High Court in London to have the claims against them struck out. 


Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust, Antitrust & Financial Services, Antitrust Compliance & Counselling, Antitrust Investigations, Antitrust Litigation & Disputes, Merger Clearance
Related Office(s): Brussels, London
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U.S. Antitrust Case Alleges Banks Manipulated Mexican Government Bond Market

Apr 03, 2018


On 30 March 2018, two U.S. pension funds filed the first U.S. class action alleging illegal coordinated conduct by and among authorized dealers of Mexican government bonds (MGBs).


Related Attorney(s): Brian Wallach
Related Practice(s): Antitrust, Antitrust & Financial Services, Antitrust Compliance & Counselling, Antitrust Investigations, Antitrust Litigation & Disputes, Merger Clearance
Related Office(s): New York, Washington
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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
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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
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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
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Women in the City Program

Update - February 2017

Feb 14, 2017


What skills do women need to be successful leaders in the Fintech and alternative finance industry?

Can emerging companies offer an opportunity for women to do something different? Can technology revolutionise conventional financial services? These and other questions were debated by a panel of high profile leaders from the European FinTech and alternative finance industry to discuss opportunities and challenges for women in this growing area as part 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): Jeremiah Wagner
Related Office(s): London
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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
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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 »

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Videos

Moreno Video Summarizes Legal Obligations Associated with Ransomware and Other Cyber Attacks

May 1, 2018

Cadwalader partner Joseph Moreno, a member of the firm’s White Collar Defense and Investigations Group and head of the firm’s Cybersecurity and Data Protection practice, talks about what company management, boards and in-house legal departments need to know about the legal obligations associated with ransomware and other cyber attacks.

In Moreno’s view, “Ransomware victims may find that their exposure does not end once the technical aspect of an attack has been resolved. Companies could find themselves scrutinized by the Federal Trade Commission and other regulators based on why the ransomware attacked happened in the first place, whether the company did enough to prevent it and whether the company has an obligation to disclose it to customers and even the investing public.”


Related Attorney(s): Joseph Moreno
Related Practice(s): Cybersecurity and Data Protection, White Collar Defense and Investigations

Closing the Borders

Mar 8, 2018

Our Civil Rights Series continued on March 8 with "Closing the Borders." Anthony Romero, Executive Director of the American Civil Liberties Union (ACLU), joined us to discuss DACA, the border wall, due process and citizenship.


Related Page(s): Civil Rights Series, Diversity & Inclusion

Still Marching Into Selma

Jan 31, 2018

Our 2018 Civil Rights Series opened with guest speaker Richard Cohen, President of the Southern Poverty Law Center, discussing the organization's plans for 2018.


Related Page(s): Civil Rights Series, Diversity & Inclusion

CadwaladerNews

CadwaladerSpotlight

July 25: Cadwalader Civil Rights Series - Reports From The Trenches

Our Civil Rights Series continues with guest speakers Vanita Gupta and Rachel Tiven.

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.