Articles & Books


Criteria for Identifying STC Short-Term Securitisations

June 15, 2018

LexisNexis

Banking and Finance analysis: David Quirolo and Jeremiah M Wagner (partners) and Neil Macleod (special counsel) in Cadwalader’s Capital Markets Group, point out that new criteria aimed at assisting the financial industry in its development of simple, transparent and comparable (STC) short-term securitisations may be too restrictive, and the regulatory benefits may not be sufficiently significant, for the criteria to be widely adopted.

This article was first published on Lexis®PSL Banking and Finance on 6 June 2018.


Related Attorney(s): David Quirolo, Jeremiah Wagner, Neil Macleod
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »

International Arbitration Roundtable

June 13, 2018

Financier Worldwide Magazine

International arbitration has been a hive of activity in recent times, with the number and value of disputes referred to arbitration continuing to grow. Concurrently, the arbitration community has observed a number of fresh trends and developments, including demands for greater transparency in how arbitration is administered, support for third-party funding across major arbitration jurisdictions and an uptick in arbitration involving sovereign states. An increasingly important tool for international businesses, arbitration, for many, is evolving into the preferred method for dispute resolution across the globe.


Related Attorney(s): Melis Acuner, Emma Farrow
Related Practice(s): Global Litigation, International Dispute Resolution
Related Office(s): London
read more »

Yahoo Settlement Changes SEC Expectations on Cyber Disclosure

June 4, 2018

Bloomberg Law

Cadwalader's Joseph Moreno, Kyle DeYoung, Keith Gerver, Alexander Hokenson, and Stephen Weiss discuss the Yahoo settlement and changes to SEC expectations on cyber disclosure.


Related Attorney(s): Joseph Moreno, Kyle DeYoung, Keith Gerver, Alexander Hokenson, Stephen Weiss
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »

UK Corporate Interest Restriction Rules – Keeping Pace with Change

May 16, 2018

FITAR

Adam Blakemore and Catherine Richardson reflect on the development of, and practical considerations associated with, the existing legislation, and provide guidance on some of the aspects that may be subject to further amendments.


Related Attorney(s): Adam Blakemore, Catherine Richardson
Related Practice(s): Tax
Related Office(s): London
read more »

Will Facebook Firestorm Yield Tougher U.S. Data Privacy Standards?

April 23, 2018

Bloomberg Law

States could reform their various laws to implement new data protection and breach notification standards, but this would be a piecemeal effort that could be years in the making and would still retain a balkanized system with laws of varying scope and effectiveness.


Related Attorney(s): Joseph Moreno, Keith Gerver
Related Practice(s): Cybersecurity and Data Protection
Related Office(s): Washington
read more »

Dodd–Frank Credit Risk Retention Rules and ‘Open-Market CLOs’ (LSTA v Securities and Exchange Commission and Board of Governors of the Federal Reserve System)

Apr 18, 2018

LexisNexis

Neil Weidner and Peter Williams explain the implications of the US Court of Appeals’ risk retention ruling on collateralised loan obligations (CLOs).


Related Attorney(s): Neil Weidner, Peter Williams
Related Practice(s): CLOs, Securitization & Asset Based Finance, Structured Products
Related Office(s): Charlotte, New York
read more »

The Global Subscription Credit Facility and Fund Finance Markets – Key Trends and Forecasts 2018

Apr 16, 2018

The International Comparative Legal Guide to Lending & Secured Finance 2018

The Subscription Credit Facility (each, a “Facility”) and related Fund Finance markets had a fascinating 2017. On the one hand, everything stayed exactly the same. Like virtually every year since the financial crisis, Facility credit performance remained pristine, with no monetary defaults having become public last year. And the out-paced growth rate continued. But, on the other hand, outside of the four corners of the transactions, change seemed to come daily. This chapter summarizes the key trends in the Facility and Fund Finance markets in 2017 and forecasts developments for the coming year.


Related Attorney(s): Michael Mascia, Wesley Misson, Jeremy Cross
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
read more »

Publicity: The US Perspective

Mar 20, 2018

An extract from GIR Practitioner’s Guide to Global Investigations, Edition 2

In this chapter, authors Jodi Avergun and Bret Campbell discuss restrictions in a criminal investigation or trial, the investigatory and pre-trial stage, trial and post-trial stage, discovery of internal corporate communications and much more.


Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »

Individual Penalties and Third-Party Rights: The US Perspective

Mar 20, 2018

An extract from GIR Practitioner’s Guide to Global Investigations, Edition 2

In this chapter, authors Joseph Moreno and Anne Tompkins discuss prosecutorial discretion, principles of federal prosecution, DOJ enforcement priorities and policies, individual accountability for wrongdoing and much more.


Related Attorney(s): Anne Tompkins, Joseph Moreno
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Charlotte, Washington
read more »

The Taxation of CLO Risk Retention Structures

Mar 16, 2018

Journal of Taxation of Financial Products

The authors examine a tax structure that U.S. collateral managers of collateralized loan obligation issuers commonly use to comply with the U.S. and European “risk retention” rules enacted following the 2007–2008 global financial crisis that require sponsors of securitization vehicles to maintain a financial interest in those vehicles.


Related Attorney(s): Sejin Park, Jason Schwartz
Related Practice(s): CLOs, Tax
Related Office(s): New York
read more »

Court: CMS’ Broad Authority to Suspend Medicare Payments Based on Alleged Overpayments beyond Judicial Review until All Administrative Remedies are Exhausted

Mar 12, 2018

Pratt's Government Contracting Law Report

Read Cadwalader’s analysis on a federal district court’s dismissal of a home care agency’s suit that highlights the formidable hurdle that exhaustion of administrative remedies can present for a provider seeking relief from the court when operating under a suspension of Medicare payments.


Related Attorney(s): Jared Facher, Brian McGovern
Related Practice(s): Health Care
Related Office(s): New York
read more »

Tax Reform Complicates Middle-Market CLOs

Mar 9, 2018

The recently enacted Tax Cuts and Jobs Act is causing concerns for advisers of middle-market collateralized loan obligation issuers, or MM CLOs, that are engaged in a U.S. trade or business for U.S. tax purposes.


Related Attorney(s): Cassidy Nolan, Nathan Spanheimer, Jason Schwartz
Related Practice(s): Securitization & Asset Based Finance, Tax
read more »

Contracting Party Beware: The Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights

Mar 1, 2018

The M&A Lawyer

On February 1, 2018, the Delaware Court of Chancery granted defendants’ motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC. The decision in Christopher Miller et al. v. HCP & Co., et al is a powerful reminder that the broad freedom of contract that Delaware law accords entities such as LLCs offers both the promise of great latitude to contracting parties and the threat of serious pitfalls for parties that fail to carefully protect their interests in the agreement. The decision also underscores the limits on an implied covenant breach claim under Delaware law.


Related Attorney(s): Jason Halper, James Fee
Related Practice(s): Global Litigation, M&A Litigation, Mergers & Acquisitions
Related Office(s): New York
read more »

March Madness: Universities Must Prepare For NCAA Inquiries

Feb 27, 2018

Law360

Universities and their college basketball programs are facing pressure on both ends of the court: first from the U.S. Attorney’s Office for the Southern District of New York (SDNY) and the FBI, and second from the NCAA. This article discusses how universities can take a proactive approach in the wake of the SDNY investigation.


Related Attorney(s): Jodi Avergun, Stephen Weiss, Anne Tompkins, Todd Blanche
Related Practice(s): Corporate & Financial Services Litigation & Regulation, Global Litigation, White Collar Defense and Investigations
Related Office(s): Charlotte, New York, Washington
read more »

Cadwalader’s Michael Mascia is Contributing Editor of Fund Finance 2018: Second Edition

Feb 15, 2018

Cadwalader Finance Group co-chair Michael Mascia is the Contributing Editor of Global Legal Insights’ recently released comprehensive guide to the fund finance market, “Fund Finance 2018: Second Edition.” Mascia and Cadwalader Finance partner Tim Hicks also co-authored the chapter “Equity Commitment Facilities: A Primer,” which summarizes the key structural features of an equity commitment facility and outlines the essential considerations for lenders.  View the chapter and the book in its entirety here.

 


Related Attorney(s): Michael Mascia, Tim Hicks
Related Practice(s): Fund Finance
read more »

Recent Trends In Structuring Risk Retention Vehicles

Feb 14, 2018

Law360

In the wake of the 2007-2008 global financial crisis, the United States and Europe enacted “risk retention” rules that require sponsors of securitization vehicles to maintain a financial interest in those vehicles (i.e., “skin in the game”).


Related Attorney(s): Jason Schwartz, Gregg Jubin, Adam Risell
Related Practice(s): CLOs, Securitization & Asset Based Finance
read more »

Outside Counsel May Face Criminal Liability In Complex Business Cases

Jan 29, 2018

New York Law Journal

Todd Blanche and Kyle DeYoung discuss the criminal liability that outside counsel may face in complex business cases.


Related Attorney(s): Todd Blanche, Kyle DeYoung
Related Practice(s): White Collar Defense and Investigations
Related Office(s): New York, Washington
read more »

CMBS In 2017 And A Look Ahead

Jan 4, 2018

Law360

Whether you were waiting for a “wall” or a “wave” to hit the commercial mortgage-backed securities market last year, 2017 did not deliver the massive amount of CMBS refinancings predicted by many at the end of 2016. In this article, we will review what happened during 2017 and look ahead to what the industry might see in 2018.


Related Attorney(s): Stuart Goldstein, Greg Prindle
Related Practice(s): CLOs, Commercial Mortgage-Backed Securities, Securitization & Asset Based Finance
Related Office(s): Charlotte, New York
read more »

Tax Reform: Effects on Funds and Securitizations

Dec 11, 2017

Tax Management Memorandum

Jason Schwartz, Jean Bertrand and Kara Altman discuss the provisions in the current House and Senate tax reform proposals that could, if enacted in their current form, significantly affect securitization vehicles and investment funds.


Related Attorney(s): Kara Altman, Jason Schwartz
Related Practice(s): Securitization & Structured Products Taxation, Tax
Related Office(s): New York
read more »

Elements of an Effective Corporate Compliance Program

Nov 17, 2017

Fraud & White Collar Crime 2017 Expert Guide

Companies that are either located in, or transact business in the United States – even if they are not in highly regulated industries like health care or finance – are subject to an almost ever-increasing array of regulations with which they must comply. Add to that the financial incentives provided by the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (“Dodd-Frank Act”) and companies can find themselves at the center of regulatory or criminal investigations in an instant.


Related Attorney(s): Jodi Avergun
Related Practice(s): White Collar Defense and Investigations
read more »

Share Reserve and Other Limits in Public Company Equity Plans

Nov 15, 2017

Practical Law

This article addresses the key considerations when establishing the share reserve and other limits in a public company equity plan, including business and shareholder considerations, the requirements of Sections 162(m) and 422 of the Internal Revenue Code, proxy advisory firm scoring and review, the voting guidelines of institutional investors, and potential shareholder litigation related to director awards.


Related Attorney(s): David Teigman
Related Practice(s): Corporate, Executive Compensation & Benefits, Executive Compensation, Benefits & ERISA
Related Office(s): New York
read more »

Roller-Coaster Ride for the Securitisation Market

Nov 13, 2017

LexisNexis

Robert Cannon considers the EU securitisation regulation adopted by the European Parliament on 26 October 2017 and the impact it will have on the European securitisation market.


Related Attorney(s): Robert Cannon
Related Practice(s): Securitization & Asset Based Finance
Related Office(s): London
read more »

Subscription Lines: Opportunities Multiply As They Are Seized

Sep 29, 2017

Non-Bank Financial Institutions Newsletter (Barclays)

Subscription lines to funds have been hitting the headlines recently. This article takes a closer look at the benefits of the subscription line, the concerns expressed in recent publications and their future usage.


Related Attorney(s): Jeremy Cross
Related Practice(s): Fund Finance, Private Equity, Securitization & Asset Based Finance
Related Office(s): London
read more »

Insider Trading After Martoma: Benefits Without Friends?

Sep 18, 2017

Law360

The authors address United States v. Martoma, which eliminates the need to prove a “close personal relationship” between tippers and tipees who exchange confidential information, and will likely expand the number of criminal insider trading prosecutions by the federal government. It is the latest in a string of important decisions concerning the scope of insider trading liability.


Related Attorney(s): J. Robert Duncan, Lex Urban, Todd Blanche, Nathan Bull, Kyle DeYoung
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Corporate & Financial Services Litigation & Regulation, Corporate Governance, Corporate Governance Litigation and Counseling, Economic Sanctions, FCPA Enforcement and Compliance, Financial Regulation, Global Litigation, Investment Management Litigation, Securities Enforcement and Compliance, White Collar Defense and Investigations
read more »

European Union: Financial Services

Sep 11, 2017

The European, Middle Eastern and African Antitrust Review 2018 | Global Competition Review | Sep 11, 2017

Cadwalader partner Vincent Brophy and special counsel Tom Bainbridge have written a chapter in Global Competition Review's annual Antitrust Review, entitled "European Union: Financial Services". The article provides a summary of EU antitrust developments in the financial services sector, including commentary on the recent proliferation of EU antitrust investigations, the interplay with financial regulatory enforcement and the development of private litigation. Against that background, the article addresses certain practical aspects to be considered when dealing with antitrust cases in this sector.


Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust
Related Office(s): Brussels, London
read more »

Using Blockchain to Replace Deposit Account Control Agreements

Sep 11, 2017

Bloomberg Law | BNA's Banking Report

In a secured lending transaction, it is common for a lender to take security over a borrower’s deposit accounts as part of its collateral package. In the United States, such security interest is commonly perfected under the Uniform Commercial Code (UCC) by the entrance of the secured party, the debtor and the thirdparty account bank at which the deposit account is maintained into a deposit account control agreement (a DACA). While effective to perfect a security interest, the process of entering into and maintaining DACAs, and complying with their various terms, can be burdensome on all parties involved. This article takes a closer look at the potential implementation of a blockchain structure on traditional DACAs.


Related Attorney(s): Jeffrey Nagle, Christopher McDermott, Michael Lynch
Related Practice(s): Bank Regulation, Corporate, Corporate & Financial Services Litigation & Regulation
Related Office(s): New York
read more »

Practice Alert: Implicit warnings in the DOJ’s declinations with disgorgement

Aug 31, 2017

The FCPA Blog

Since the DOJ launched the Pilot Program in April 2016 to encourage companies to self-report FCPA violations and cooperate with the feds, the DOJ has published seven declination letters addressed to companies under investigation. Companies should review and understand the implications of the DOJ’s use of declinations with disgorgement, as we expect the current practice to continue.


Related Attorney(s): James Treanor, Jodi Avergun
Related Practice(s): FCPA Enforcement and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »

From Bills Of Lading To Blockchain Structures

Aug 10, 2017

Law360

The emergence of blockchain technology in commodities trading raises important questions about the future of bills of lading and how these novel technologies fit with the legal concepts surrounding documents of title.


Related Attorney(s): Stephen Johnson, Jeffrey Nagle, Christopher McDermott
Related Practice(s): Corporate Finance
Related Office(s): Charlotte
read more »

Pre-packing European Debt in American Courts: the Roust Corporation Restructuring

June 1, 2017

Butterworths Journal of International Banking and Financial Law

This article examines the successful $1.1bn reorganisation of Roust Corporation in the United States Bankruptcy Court for the Southern District of New York earlier this year. Cadwalader acted as transatlantic adviser to the Ad Hoc Committee of Convertible Noteholders.


Related Attorney(s): Richard Nevins
Related Practice(s): Financial Restructuring
Related Office(s): London
read more »

So You’ve Been Hacked: The Changing Landscape of Post-Data Breach Liability

April 28, 2017

New York Law Journal

The authors focus on the potential for regulatory and civil liability for corporations in the aftermath of a data breach.


Related Attorney(s): Joseph Moreno
Related Practice(s): Cybersecurity and Data Protection, Global Litigation, White Collar Defense and Investigations
Related Office(s): New York, Washington
read more »

The Global Subscription Credit Facility and Fund Finance Markets – Key Trends and Forecasts 2017

April 26, 2017

The International Comparative Legal Guide to Lending & Secured Finance 2017

The Subscription Credit Facility and related Fund Finance markets continued their outpaced growth in 2016,  extending the long-standing industry trend. Mirroring the recent experience both during and after the financial crisis, facility credit performance remained pristine, with no monetary defaults having become public last year. The authors summarize the key trends in the Facility and Fund Finance markets in 2016 and forecasts developments for the coming year. This article appeared in the 2017 edition of The International Comparative Legal Guide to Lending & Secured Finance, published by Global Legal Group Ltd, London.


Related Attorney(s): Michael Mascia, Wesley Misson
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
Related Office(s): Charlotte
read more »

SEC Scrutiny Of Non-GAAP Disclosures Likely To Continue

Mar 28, 2017

Law360

Non-GAAP measurements serve a valid purpose, which is to improve and supplement a company’s financial disclosures and provide additional comparability between periods and among firms. However, because non-GAAP disclosures are by definition unshackled from the prescriptions of GAAP, they are susceptible to potential manipulation and vulnerable to claims that they were used to mislead investors.


Related Attorney(s): Joseph Moreno, J. Robert Duncan
Related Practice(s): Global Litigation
Related Office(s): Washington
read more »

How Colleges Can Avoid Title IX Pitfalls

Mar 28, 2017

University Business

The authors discuss how to provide due process to higher ed students accused of sexual misconduct.


Related Attorney(s): Anne Tompkins, Alexander Hokenson
Related Practice(s): Global Litigation
Related Office(s): Charlotte, Washington
read more »

Fund Finance 2017: First Edition

Feb 22, 2017

Global Legal Insights

Michael Mascia, Wesley Misson and Jeremy Cross co-authored the chapter on the U.S. subscription credit facility and fund finance market in Fund Finance 2017: First Edition. The book provides law firms, financial institutions, funds and investors with comprehensive insight into fund finance markets, products and jurisdictions.

 


Related Attorney(s): Michael Mascia, Wesley Misson, Jeremy Cross
Related Practice(s): Fund Finance, Securitization & Asset Based Finance
Related Office(s): Charlotte, London
read more »

Process Is Paramount: The Delaware Court of Chancery Gives “100% Weight” to Merger Price in Determining Company’s Fair Value in Appraisal Proceeding

Jan 2, 2017

The M&A Lawyer

The decision in Merion Capital LP et al. v. Lender Processing Services Inc. is just the latest of several relatively recent decisions equating fair value and merger consideration where the merger was the product of an appropriate sale process consisting of, among other things, an arm’s‑length negotiation conducted by an independent and informed board advised by independent financial advisors.


Related Attorney(s): Jason Halper, Jared Stanisci
Related Practice(s): Mergers & Acquisitions
Related Office(s): New York
read more »

Patents for Computer and Life Science Technologies Making a Comeback?

November 8, 2016

New York Law Journal

In recent years, the U.S. Supreme Court has been making it more difficult to obtain and enforce patent protection for computer- and life science-related technologies. However, two recent Federal Circuit cases (Rapid Management Litigation and McRO) suggest there may be reasonable boundaries on the court's principles for excluding patent protection.


Related Attorney(s): Howard Wizenfeld, Dorothy Auth Ph.D.
Related Practice(s): Intellectual Property, Patent & Trade Secret Litigation
Related Office(s): New York
read more »

ISDA and FIA Execution Agreement, Cleared Derivatives Execution Agreement and Addendum

October 28, 2016

Lexis PSL Banking & Finance

Assia Damianova discusses the ISDA and FIA execution agreement, cleared derivatives execution agreement and addendum.


Related Attorney(s): Assia Damianova
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »

10 Best Practices for eDiscovery in Government Investigations

October 14, 2016

Discovia

The arrival of a government subpoena on the doorstep of your corporate headquarters rarely rates as a welcome development. Yet, the fallout is far worse without a plan in place to manage document discovery throughout the ensuing government investigation.


Related Attorney(s): Amy Ray
Related Practice(s): Global Litigation
Related Office(s): Washington
read more »

Even Legal Marijuana Businesses Pose Serious Money Laundering Risks for Banks and Investors

October 1, 2016

Compliance Week

Marijuana might be legal in some places, but as IRS audits increasingly show, just doing business with the legal marijuana industry brings significant compliance challenges, especially for the financial services world.


Related Attorney(s): Jodi Avergun
Related Practice(s): Anti-Money Laundering Investigations and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »

European Union: Financial Services

Sep 7, 2016

The European, Middle Eastern and African Antitrust Review 2017
Related Attorney(s): Vincent Brophy, Tom Bainbridge
Related Practice(s): Antitrust
Related Office(s): Brussels
read more »

Expert Q&A on Judicial Activism and Disclosure-Only Settlements in Delaware

August 19, 2016

Practical Law

Gregory Markel and Gillian Burns explain the implications of the Delaware Court of Chancery's decision in In re Trulia, Inc. Stockholders Litigation. The Court sent a forceful signal to the plaintiffs’ bar and corporate defendants by adopting a new standard for judicial approval of disclosure-only settlements in litigation challenging public mergers and acquisitions.


Related Attorney(s): Gillian Burns
Related Practice(s): Mergers & Acquisitions
read more »

5 Lessons For Colleges From Stanford Sexual Assault Case

August 18, 2016

Law360

The authors discuss the key issues that college and university administrators should consider when dealing with sexual assault investigations and adjudications.


Related Attorney(s): Anne Tompkins
Related Practice(s): Global Litigation, White Collar Defense and Investigations
Related Office(s): Charlotte, Washington
read more »

Brexit: Losing Our Passport

August 4, 2016

Practical Law

Nick Shiren discusses the impact on securitisation and CLOs should the UK lose all passporting rights to sell services into the EU following Brexit.


Related Attorney(s): Nick Shiren
Related Practice(s): CLOs, Securitization & Asset Based Finance
Related Office(s): London
read more »

Step-in Risk: Consultation by the Basel Committee

August 1, 2016

International Trade Law and Regulation

Step-in risk is the risk that a bank may provide financial support to a “shadow bank” or other non-bank financial entity which is experiencing financial stress, where such a bank is not contractually obliged to do so but where it wishes to avoid damage to its reputation. The authors review the Basel Committee's December 2015 Consultative Document that proposes a conceptual framework under which the risk of such a step-in could be identified, assessed and addressed.


Related Attorney(s): Neil Macleod, Jeremiah Wagner
Related Practice(s): Bank Regulation, Financial Regulation
Related Office(s): London
read more »

Finance Bill 2016: Criminal offences and civil sanctions

Apr 26, 2016

Lexis®PSL

Private Client analysis: Catherine Richardson, associate, and Adam Blakemore, partner, provide an update on the criminal offences and civil sanctions aspects of Finance Bill 2016 (formally known as Finance (No 2) Bill).

 

This article was first published on Lexis®PSL Private Client on 26 April 2016. Click for a free trial of Lexis®PSL.


Related Attorney(s): Catherine Richardson, Adam Blakemore
Related Practice(s): Private Wealth, Tax
read more »

The Global Subscription Credit Facility and Fund Finance Markets – Key Trends and Forecasting 2016

Apr 21, 2016

The International Comparative Legal Guide to Lending & Secured Finance

The Subscription Credit Facility and related Fund Finance markets continued their outpaced growth in 2015, building upon and continuing a market trend in place since at least 2010. Michael Mascia and Wesley Misson summarize the key trends in the Facility and Fund Finance markets in 2015 and forecast developments for the coming year. This article appeared in the 2016 edition of The International Comparative Legal Guide to Lending & Secured Finance, published by Global Legal Group Ltd, London.


Related Attorney(s): Wesley Misson, Michael Mascia
Related Practice(s): Fund Finance
read more »

Complying With AML Laws: Challenges for the Fintech Industry

April 05, 2016

Crowdfund Insider

A major challenge to the growing Fintech industry comes from government scrutiny and enforcement actions - particularly as they relate to money laundering and the financing of terrorist activity.


Related Attorney(s): Jodi Avergun
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Cybersecurity and Data Protection, Fintech, White Collar Defense and Investigations
Related Office(s): Washington
read more »

President Obama Signs Cybersecurity Act of 2015 to Encourage Cybersecurity Information Sharing

Apr 1, 2016

Pratt’s Privacy & Cybersecurity Law Report

The Cybersecurity Act of 2015 – Congress’s first major piece of cybersecurity legislation –has been years in the making. President Obama signed into law a $1.1 trillion omnibus spending bill that contained the Act late last year. The authors of this article discuss the Act and its implications.


Related Attorney(s): Keith Gerver
Related Practice(s): White Collar Defense and Investigations
Related Office(s): Washington
read more »

U.S. DOE Disclaims Jurisdiction Over Canadian Gas and Authorizes LNG Exports to Non-FTA Nations from Bear Head LNG Project

April 1, 2016

Pratt’s Energy Law Report

The authors discuss two orders issued to Bear Head LNG Corporation and Bear Head LNG (USA), LLC, by the U.S. Department of Energy’s Office of Fossil Energy announcing its comprehensive policy for considering applications involving liquefied natural gas exports from Eastern Canada to global markets.


Related Attorney(s): Lamiya Rahman
Related Practice(s): Energy Regulation & Litigation, Regulation, Compliance, and Administrative Litigation
Related Office(s): Houston, New York
read more »

Marketing and Data Security Practices: The FTC v. LifeLock Settlement

April 01, 2016

Compliance & Ethics Professional

This most recent settlement between the FTC and LifeLock provides another important opportunity for businesses to evaluate their data security practices to ensure the protection of consumer data and the accuracy of their representations regarding those practices.


Related Attorney(s): Keith Gerver
Related Practice(s): Cybersecurity and Data Protection, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Non-Bank Payments Aren't a Long-Term Answer for Legal Marijuana

Mar 04, 2016

PaymentsSource

Despite generating an estimated $4.5 billion in revenue last year, the legal marijuana industry has yet to solve one of its biggest issues—the lack of reliable payments, banking and other financial services.


Related Attorney(s): Jodi Avergun
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Securities Enforcement and Compliance, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Mandatory Subordination of Affiliate Securities Claims

March 1, 2016

ABI Journal

The mandatory-subordination provision of § 510(b) of the Bankruptcy Code serves the important purpose of preventing disappointed shareholders from assuming the guise of creditors in order to enhance their recoveries in bankruptcy.


Related Attorney(s): Ingrid Bagby
Related Practice(s): Financial Restructuring
Related Office(s): New York
read more »

Delaware Judges Have Been Heard

Feb 2, 2016

Law360

Until very recently, abusive litigation related to mergers was all but certain to follow the announcement of a public merger. Last fall, we wrote an article discussing the proliferation of disclosure-only settlements used to resolve merger litigation, which in many cases do not provide any economic benefit to shareholders and foreclose potentially valuable claims that have not been thoroughly vetted. 


Related Attorney(s): Gillian Burns
Related Practice(s): Mergers & Acquisitions
Related Office(s): New York
read more »

Pot Banking 2016: More State Ballots But Continued Unease

Feb 01, 2016

American Banker

Despite its astounding growth in recent years, the marijuana industry remains hampered by its own banking crisis. Marijuana businesses' difficulty in accessing financial services has created problems for businesses and government alike.


Related Attorney(s): Jodi Avergun
Related Practice(s): Anti-Money Laundering Investigations and Compliance, Securities Enforcement and Compliance, White Collar Defense and Investigations
read more »

Draft Finance Bill 2016—criminal offences and civil sanctions

Jan 13, 2016

Lexis PSL

Corporate Crime analysis: What proposed criminal offences and civil sanctions are included in the draft Finance Bill 2016? Catherine Richardson, associate at Cadwalader, Wickersham & Taft LLP, and Adam Blakemore, partner at the firm, consider the proposed new criminal offences and civil sanctions contained in the draft Finance Bill 2016.


Related Attorney(s): Adam Blakemore, Catherine Richardson
Related Practice(s): Tax
Related Office(s): London
read more »
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CadwaladerNews

CadwaladerSpotlight

June 27: SFIG Legal Counsel Forum 2018

Partners Scott Cammarn and Neil Weidner will be speaking at this event in New York City.

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.