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

Insider Trading and Off-Channel Communications: Remote and Hybrid Work Environment Checklist

July 12, 2024


This checklist discusses company risks related to insider trading (specifically regarding the misappropriation of material nonpublic information (MNPI)) and recordkeeping (specifically regarding off-channel communications) in remote and hybrid work environments. The checklist highlights recent cases brought by the U.S. Securities and Exchange Commission (SEC) and provides risk mitigation guidance.

Related Attorney(s): Kenneth Breen, Phara Guberman, Kaitlyn O’Malley
Related Practice(s): White Collar Defense and Investigations
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Jarkesy Supreme Court Ruling Limits SEC's Enforcement Authority

July 11, 2024

Harvard Law School Forum on Corporate Governance

In a 6-3 decision issued on June 27, 2024 in SEC v. Jarkesy, the U.S. Supreme Court curtailed the U.S. Securities and Exchange Commission’s (“SEC”) enforcement authority in recognizing that there is a right to a jury trial in SEC actions alleging securities fraud where civil penalties are sought. Prior to the Jarkesy opinion, the SEC had unfettered discretion to bring securities fraud actions in the forum of its choosing (whether that be in federal court or an SEC administrative proceeding), the choice of which was not required to be disclosed prior to the action being brought. It can no longer forum shop.

Related Attorney(s): Kenneth Breen, Phara Guberman
Related Practice(s): White Collar Defense and Investigations
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How FCA Guidance Aligns With Global Cyberattack Measures

June 26, 2024

Cadwalader lawyers Alix Prentice and Grace Ncube authored an article, "How FCA Guidance Aligns With Global Cyberattack Measures" which appeared in Law360.

Related Attorney(s): Alix Prentice, Grace Ncube
Related Practice(s): Financial Regulation
Related Office(s): London
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AIJA 2024 Annual Congress

September 3 - 7, 2024

Cadwalader partner Duncan Grieve will speak at the AIJA 2024 Annual Congress in Madrid.

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FIA Forum: Commodities 2024

September 16 – 18, 2024

Cadwalader partner Peter Malyshev will speak at the FIA Forum: Commodities 2024 in Houston, Texas. He will participate on the panel:

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CREFC Capital Markets Conference

September 18, 2024

Capital Markets Co-Chair Stuart Goldstein is set to participate at the CREFC Capital Markets Conference on September 18 in New York. 

Related Attorney(s): Stuart Goldstein
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): New York
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Clients & Friends Memos

District Court Issues Limited Preliminary Injunction in First Challenge to FTC Rule Prohibiting Use and Enforcement of Non-Compete Clauses

July 10, 2024

The United States District Court for the Northern District of Texas (Dallas Division) has issued a preliminary injunction in favor of a plaintiff challenging the Federal Trade Commission’s (the “FTC” or the “Commission”) adoption and enforcement of a final rule prohibiting the use or enforcement of non-compete clauses in most employment agreements (the “Rule”).

Related Attorney(s): Bilal Sayyed
Related Practice(s): Corporate
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Jarkesy Supreme Court Ruling Limits SEC’s Enforcement Authority

July 01, 2024

In a 6-3 decision issued on June 27, 2024 in SEC v. Jarkesy, the U.S. Supreme Court curtailed the U.S. Securities and Exchange Commission’s (“SEC”) enforcement authority in recognizing that there is a right to a jury trial in SEC actions alleging securities fraud where civil penalties are sought.

Related Attorney(s): Phara Guberman, Kenneth Breen
Related Practice(s): Global Litigation, White Collar Defense and Investigations
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TriBar Releases Report on Digital Asset Opinions Under UCC Article 12

June 24, 2024

The official drafting committees of the Uniform Commercial Code have promulgated proposed amendments (the “2022 Amendments”) to address transactions with certain digital assets, notably adding a new Article 12 on Controllable Electronic Records.  As the 2022 Amendments are slowly enacted by states, one key question finance lawyers and their clients need to address is how to adapt current legal opinion practice for the 2022 Amendments in real-world transactions.

Related Attorney(s): Christopher McDermott, Jeffrey Nagle
Related Practice(s): Corporate Finance
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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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Cabinet News & Views

Cabinet News & Views is a weekly newsletter covering news in the financial services industry. 

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Cadwalader Climate

Cadwalader Climate is a twice-weekly newsletter that summarizes and provides the legal implications of climate-related developments.

Related Attorney(s): Jason Halper, Duncan Grieve, Simon Walsh, Sara Bussiere, Elizabeth Moore, Timbre Shriver, Sharon Takhar, Jayshree Balakrishnan
Related Practice(s): Environmental, Social & Governance (ESG)

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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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Quorum Monthly newsletter

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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): 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
Related Practice(s): Global Litigation, State Attorney 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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