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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
ClientEarth Litigation in U.S. Over Deforestation in Brazil
June 6, 2023Environmental group ClientEarth has filed a complaint against Cargill, one of the world’s largest soy and grain traders, over alleged deforestation and related human rights issues in Brazil. The complaint, which is not yet public, was filed with the Organization for Economic Cooperation and Development, pursuant to the Guidelines for Multinational Enterprises (OECD Guidelines). Under the OECD Guidelines, “companies are expected to conduct risk-based due diligence to identify, prevent and mitigate the actual and potential adverse environmental and human rights impacts of their operations.” The
Related Practice(s): Environmental, Social & Governance (ESG), Global Litigation
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ECB Reports Progress, Identifies Gaps in Banks’ Climate-Related Disclosures
June 6, 2023In April 2023, the European Central Bank (ECB) published its 2022 assessment of climate-related and environmental risk disclosures of EU-based banks, finding that while most “significant institutions” “now disclose at least basic information” in most climate-related categories, an improvement relative to the ECB’s 2021 assessment, the quality of information remains “low and is unlikely to provide market participants with insights on which they can act.” The report is the third such assessment carried out by the ECB as part of its wider objective to ensure that the European banking sector discloses climate and environmental risk effectively and comprehensively. The ECB’s 2022 assessment examined 103 significant banks, all under direct supervision of the ECB itself, as well a
Related Practice(s): Environmental, Social & Governance (ESG)
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Airline Sued Over Claims That it is “First Carbon-Neutral Airline”
June 6, 2023On May 30, 2023, a consumer class action lawsuit was filed in the United States District Court for the Northern District of California asserting that the airline falsely claimed that it is the world’s “first carbon-neutral airline.” Plaintiff asserts three causes of action against Delta Air Lines: (i) violation of the Consumers Legal Remedies Act, § 1750; (ii) false advertising, Business and Professions Code § 17500; and (iii) unlawful, unfair, and fraudulent trade practices in violation of Business and Professions Code § 17200. Plaintiff claims that Delta relied on carbon credits to offset its reported emissions, but the benefits from those carbon credits are largely exaggerated and therefore, Delta’s reported emissions data is false and misleading.
Related Practice(s): Environmental, Social & Governance (ESG), Global Litigation
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Events
FFA Global Leadership Summit
June 5-7, 2023Cadwalader is proud to be a platinum sponsor at the 2023 Global Leadership Summit.
Related Practice(s): Fund Finance
Related Office(s): Charlotte, London, New York
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World Legal IP Summit
June 8-9, 2023Related Practice(s): Intellectual Property
Related Office(s): New York
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Tax Executives Institute - Mergers & Acquisitions NY Chapter Meeting
June 8, 2023Cadwalader Tax Partner Andrew Carlon will speak at the Tax Executives Institute's Mergers & Acquisitions NY Chapter Meeting in New York.
Related Practice(s): Tax
Related Office(s): New York
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Clients & Friends Memos
Securities Litigation Alert: Ninth Circuit Clarifies Standards Governing the Statute of Limitations for Private Claims Under Section 10(b) of the Securities Exchange Act of 1934
May 31, 2023In York County v. HP, Inc.,1 the U.S. Court of Appeals for the Ninth Circuit further clarified national standards governing the two-year statute of limitations applicable to private claims under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Joining the Second Circuit (and others), the Court held that the statute of limitations begins to run when a “reasonably diligent plaintiff” would have discovered the “facts constituting the violation” (including scienter), and that occurs when such a plaintiff can plead those facts “with sufficient detail and particularity to survive a 12(b)(6) motion to dismiss.”
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation
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Unlocking Sustainability-Linked Loans
May 04, 2023Cadwalader recently hosted a breakfast discussion with the Loan Market Association (“LMA”) and LSTA with the aim of “Unlocking Sustainability-Linked Loans”. During the session, Cadwalader partner Sukhvir Basran was joined by the LMA’s Gemma Lawrence-Pardew and the LSTA’s Tess Virmani in a conversation addressing some of the most frequently asked questions raised by market participants in respect of sustainability-linked loans (“SLLs”).
Related Practice(s): Corporate Finance, Environmental, Social & Governance (ESG), Financial Regulation
Related Office(s): London
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UK Government Outlines Details of New Failure to Prevent Fraud Offence
April 26, 2023On 11 April 2023, the UK Government announced that it has introduced a new “failure to prevent fraud” offence by way of an amendment to its draft Economic Crime and Corporate Transparency Bill (the “Economic Crime Bill”). Under the proposed new offence, an organisation could be held liable for fraud committed, for the organisation’s benefit, by an employee or agent, if the organisation did not have reasonable procedures in place to prevent the fraud from occurring. Before the offence comes into force, the Government will publish related guidance, which, amongst other things, is expected to set out what is considered to amount to “reasonable procedures”. The Economic Crime Bill is expected to receive Royal Assent in summer 2023.
Related Practice(s): White Collar Defense and Investigations
Related Office(s): London
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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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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 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 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
Implementing the LIBOR Act: The Federal Reserve’s Final Rule
January 13, 2023With the pending cessation of panel LIBOR on June 30, 2023, the LSTA’s Tess Virmani and Meredith Coffey recorded a video with Cadwalader partners Lary Stromfeld and Jeff Nagle that discusses the LIBOR transition, synthetic LIBOR, how the LIBOR Act and Final Rule may fit into remediation plans, and how LSTA members might consider analyzing their credit agreements for remediation. You can access the video and slides here.
Related Attorney(s): Lary Stromfeld, Jeffrey Nagle
Related Practice(s): LIBOR Preparedness Team
LIBOR Before Labor Day (2022 Edition)
August 26, 2022Cadwalader partner Jeff Nagle discusses the latest in LIBOR transition in another installment of FFF: Industry Conversations.
Related Attorney(s): Jeffrey Nagle
Related Practice(s): LIBOR Preparedness Team
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
