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HTMLM&A Update: Treasury Announces New Anti-Inversion Rules
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
On September 22, 2014, the Treasury Department announced its intent to issue new regulations that will reduce the tax benefits available after an inversion and may make it more difficult for some U.S. companies to invert (the “Notice”). The Notice does not require congressional action...

 

HTMLNo Market Interest Rate and No Make Whole: Momentive Performance Court Rejects Lender Arguments Against Confirmation
Ingrid Bagby, Mark C. Ellenberg, Michael A. Stevens; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors could satisfy the cramdown requirements of section 1129(b) of the Bankruptcy Code by issuing to certain secured noteholders replacement notes with...

 

HTMLCFTC Votes to Re-Propose Margin Requirements for Uncleared Swaps
Steven Lofchie, Nihal S. Patel, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 22, 2014, previously published on September 18, 2014
On September 17, 2014, the Commodity Futures Trading Commission (“CFTC”) voted to re-propose rules to impose initial and variation margin requirements on uncleared swaps entered into by swap dealers and major swap participants that are not regulated by a “Prudential...

 

Adobe PDFCRA3 - Final Draft Regulatory Technical Standards in relation to Disclosure Requirements for Structured Finance Instruments
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On 24 June 2014, ESMA published its Final Report on the draft regulatory technical standards under CRA3 (as defined below) (the “Final Report”). With respect to structured finance instruments, the Final Report sets out draft standards for the information to be disclosed, the frequency...

 

Adobe PDFNew Rules for Third-Party Due Diligence Reports for Asset-Backed Securities
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
September 10, 2014, previously published on September 9, 2014
On August 27, 2014, the Securities and Exchange Commission (the “SEC”) adopted final rules (the “Final Rules”) implementing, among other things, provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”) relating to...

 

Adobe PDFSummary of Prudential Regulators’ Re-Proposed Margin Rules
Steven Lofchie, Nihal S. Patel, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 8, 2014, previously published on September 4, 2014
On September 3, the Board of Governors of the Federal Reserve System (“Board”), the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Farm Credit Administration and the Federal Housing Finance Agency (collectively, the “Prudential...

 

Adobe PDFAt Long Last - SEC Adopts Final Regulation AB II
Cheryl D. Barnes, Joseph W. Beach, Bruce C. Bloomingdale, David Burkholder, Michael S. Gambro; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 8, 2014, previously published on September 5, 2014
On August 27, 2014 the Securities and Exchange Commission (the “SEC”) approved final rules relating to asset-backed securities (“ABS”) disclosure and registration (the “Final Rules”). The Final Rules are contained in a final release, which was published on...

 

HTMLSEC Adopts Regulation AB II
Cheryl D. Barnes, Joseph W. Beach, David Burkholder, Michael S. Gambro, Anna H. Glick; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Yesterday morning the Securities and Exchange Commission in an open meeting voted to adopt long-awaited final rules (the "Final Rules") implementing a series of changes to the registration and offering process for asset-backed securities (“ABS”) and expanded disclosure and...

 

HTMLGloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation
Terence T. Healey, Gregory K. Lawrence, Christopher J. Polito; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 14, 2014, previously published on August 8, 2014
On August 5, 2014, the Federal Energy Regulatory Commission ("FERC") issued a public Staff Notice of Alleged Violations ("NAV") regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the PJM energy market. The NAV states that FERC’s...

 

HTMLMore FERC Federalism: D.C. Circuit Affirms FERC’s Jurisdiction Again - New England Power Generators Ass’n v. FERC
Kenneth W. Irvin, Gregory K. Lawrence, Natalie Mitchell, Katrina Olsen; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
July 22, 2014, previously published on July 14, 2014
On July 8, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the petition for review filed by New England Power Generators Association, Inc. and other market participants’ over four Federal Energy Regulatory Commission orders related to the Independent...

 


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