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

The Securities Law Treatment of Utility Tokens (Or Why It Is Past Time for the SEC to Engage with the Hard Questions)

January 11, 2022

In an extensive thought leadership piece, Cadwalader attorneys argue that the SEC should revisit the application of the securities regulations to the sale of utility tokens on blockchain networks. 

Related Attorney(s): Steven Lofchie, John Moehringer, Mark Grider, Conor Almquist, Sebastian Souchet
Related Practice(s): Bank Regulation, Financial Regulation, Global Litigation, Securities Enforcement and Compliance, White Collar Defense and Investigations
Related Office(s): New York, Washington
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It’s the end of LIBOR as we know it

January 10, 2022

Westlaw Today

Across the global markets, the countdown to midnight on New Year’s Eve started long before revelers gathered in Times Square. Regulators had announced that the end of 2021 would also be the end of nearly all tenors of LIBOR in the $400 trillion global market.

Related Attorney(s): Lary Stromfeld
Related Practice(s): Financial Regulation, LIBOR Preparedness Team
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Derivatives and Futures Law Committee Virtual Winter Meeting 2022

January 26-28, 2022

Investment Funds partner Dorothy Mehta will speak on a panel at the American Bar Association's Derivatives and Futures Law Committee Virtual Winter Meeting 2022.

Related Attorney(s): Dorothy Mehta
Related Practice(s): Investment Funds
Related Office(s): New York
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Civil Rights Series: Civil Rights in the Crucible of COVID

February 2, 2022

This program will look at the COVID pandemic’s illumination of myriad civil rights challenges, implicating race, disability, gender and the environment.

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11th Annual IBA Finance & Capital Markets Tax Conference

March 1-4, 2022

Cadwalader partner Adam Blakemore will be a featured panelist at the 11th Annual IBA Finance & Capital Markets Tax Conference.

Related Attorney(s): Adam Blakemore
Related Practice(s): Tax
Related Office(s): Dublin, London
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Clients & Friends Memos

FTC Sues to Block Lockheed’s Proposed Acquisition of Aerojet Rocketdyne in Milestone Defense Industry Vertical Challenge

January 26, 2022

The Federal Trade Commission (“FTC”) filed suit yesterday to block Lockheed Martin Corporation’s proposed $4.4 billion acquisition of Aerojet Rocketdyne Holdings Inc., announced back in December 2020.

Related Attorney(s): Joel Mitnick, Ngoc Hulbig, Eden Sung
Related Practice(s): Antitrust, Mergers & Acquisitions
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FTC Announces 2022 Thresholds for Merger Control Filings under HSR Act and Interlocking Directorates under the Clayton Act

January 24, 2022

The Federal Trade Commission (“FTC”) has increased the dollar jurisdictional thresholds necessary to trigger the reporting requirements in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”); the revised thresholds will become effective on February 23, 2022. The FTC also increased the thresholds for interlocking directorates under Section 8 of the Clayton Act, effective as of January 24, 2022. The maximum civil penalty dollar amounts for HSR violations also were increased, effective January 10, 2022.

Related Attorney(s): Joel Mitnick, Ngoc Hulbig
Related Practice(s): Antitrust, Mergers & Acquisitions
Related Office(s): Charlotte, New York
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Securities Litigation Update: Federal Courts Allow Section 10(b) Claims Based on Non-Fraudulent “Channel Stuffing” and Hyped COVID-19 Vaccine Candidate

January 19, 2022

Federal courts closed out 2021 with a flurry of securities decisions in the month of December.  In this update, we discuss two decisions involving claims under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 based on (i) alleged “channel stuffing”—a company’s practice of shipping excessive product to its distributors, and recognizing revenue at the time of and on such shipments, when it believes the distributors will not be able to sell all such product in the particular period—and (ii) an allegedly over-hyped COVID-19 vaccine candidate.

Related Attorney(s): Jason Halper, Ellen Holloman, Philip Khinda, Jonathan Watkins, Adam Magid
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation, White Collar Defense and Investigations
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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, Jason Schwartz, 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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Fund Finance Friday

Fund Finance Friday is a weekly market intelligence update for the fund finance market from Cadwalader. 

Related Attorney(s): Michael Mascia, 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

When the Phone Rings: Having a Readiness Plan for a Possible Congressional Investigation

July 20, 2021

Cadwalader partner Mark Grider hosts a discussion on how Congressional investigations begin, develop and get resolved. Watch here.

Related Attorney(s): Mark Grider
Related Practice(s): Crisis Management and Congressional Investigations Practice, Global Litigation, White Collar Defense and Investigations