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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
Too Many Stakeholders in the Kitchen
September 2019CEP Magazine
High-stakes corporate investigations into bribery, corruption and other misconduct can be highly complex. The impulse to let every conceivable stakeholder play a role, while well-intentioned, can often lead to a “too many cooks in the kitchen” situation, undercutting the efficiency and effectiveness of the entire investigative process.
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): Washington
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Reflections on the Council’s Supreme Court Admissions Trip
Aug. 23, 2019Federal Bar Council Quarterly
Cadwalader partner Ellen Holloman reflects on being admitted to the bar of the Supreme Court of the United States in this issue of the Federal Bar Council Quarterly.
Related Practice(s): Global Litigation
Related Office(s): New York
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INSIGHT: Five Things Every Company Should Know About SEC Whistleblowers
Aug. 1, 2019Bloomberg Law
The recent payment of $50 million to a pair of whistleblowers should serve as a wake-up call to companies that the SEC’s Whistleblower Program is alive and well. The authors provide five key compliance steps to help companies respond to whistleblowers and minimize their associated risks.
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation, Securities Enforcement and Compliance, White Collar Defense and Investigations
Related Office(s): New York, Washington
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Events
2nd Annual Guest Bartending Fundraiser for NYC Komen Race for the Cure
Sept. 18, 5:30 PM - 8:00 PMCadwalader partner and Capital Markets Co-Chair Stuart Goldstein will be a special guest bartender at CREFC's Network for a Cause Fundraiser for Susan G. Komen Greater NYC Race for the Cure.
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): Charlotte, New York
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Cadwalader's Civil Rights Series: Bearing Witness – One Survivor’s Account of the Holocaust
Sept. 19, 2019Please join Cadwalader for its next Civil Rights Series program to hear one survivor’s account of the Holocaust.
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25th Annual ABS East Conference
Sept. 22-24, 2019Cadwalader partners Stuart Goldstein and Sophie Cuthbertson will be speaking at the 25th Annual ABS East Conference in Miami Beach, Florida.
Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): Charlotte, New York, Washington
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Clients & Friends Memos
European Banking Authority Publishes Question and Answer Relating to Originator Risk Retention Holders in Securitisations
Sep 17, 2019On 13 September 2019, the European Banking Authority (the “EBA”) updated its guidance in respect of the Securitisation Regulation by publishing an answer to a question submitted to it in November 2018 by the Association for Financial Markets in Europe (“AFME”) in relation to Article 9(3) of the Securitisation Regulation. The EBA’s answer provides guidance on how those undertaking securitisations may satisfy Article 9(3).
Related Practice(s): Financial Regulation, Securitization & Asset Based Finance
Related Office(s): London
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The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan
Sep 10, 2019On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan (“Plan”) with a prominent backstopped rights offering component.
Related Practice(s): Financial Restructuring
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Delaware Court of Chancery Confirms Market-Based Factors Constitute the Best Indicators of Fair Value
Sep 06, 2019Three recent Delaware Court of Chancery appraisal decisions offer a wealth of guidance not only regarding the determination of a merger partner’s fair value, but also regarding elements that potentially undermine a quality sale process and strategic considerations for litigating valuation and sale process issues.
Related Practice(s): Global Litigation
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Newsletters
Antitrust and Financial Services
Claimants Bring UK Class Action Against Investment Banks for FX Manipulation
Aug 09, 2019
On 29 July 2019, claimants brought a class action in the UK Competition Appeal Tribunal (CAT) against five investment banks, alleging potentially billions of pounds in damages from cartel conduct in the foreign exchange markets.
Related Practice(s): Antitrust & Financial Services
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Mass Claim Against MasterCard in UK is Given a Second Chance at Certification
Apr 29, 2019
On 16 April 2019, the Court of Appeal issued a ruling that gives a second chance at certification to the £14 billion mass consumer claim brought against MasterCard by Walter Merricks. The ruling breathes new life into the claim and into the UK’s nascent opt-out class action regime.
Related Practice(s): Antitrust
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EU Loan Syndication Study Identifies Areas of Potential Antitrust Risk
Apr 10, 2019
On 5 April 2019, the Competition Directorate of the European Commission published a report of a study into ‘EU loan syndication and its impact on competition in credit markets’. The decision to commission the Report reflects a growing concern by regulators as to the establishment and conduct of syndicates in the lending and other sectors. This concern is, in part, reflected in several recent antitrust and regulatory investigations and decisions.
Related Practice(s): Antitrust, Antitrust & Financial Services
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Videos
The Expanding Role of State Attorneys General
Aug. 8, 2019Cadwalader partner Doug Gansler, head of the firm’s State Attorneys General practice, discusses the expanding role of today’s state attorneys general, many of whom are taking a more proactive and aggressive approach than ever before. Gansler looks at state AGs’ focus on privacy issues, pharmaceutical companies and especially financial institutions’ presence on the internet – an area he calls the “Wild West,” with internet lending, internet payment and internet banking.
Related Attorney(s): Douglas Gansler
Related Practice(s): Global Litigation, State Attorneys General Practice
Cadwalader Cabinet Makes Available LIBOR Preparedness Resource
June 5, 2019Cadwalader's LIBOR Preparedness Team made available its LIBOR Topic Page, a free resource that provides guidance on the sunset of LIBOR and the design of indices to replace it.
Related Practice(s): LIBOR Preparedness Team
