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HTMLThe Second Circuit Denies Midland’s Request For Rehearing On Its Decision That Upended Longstanding Principles of Lending Law
Nathan Bull, Scott A. Cammarn; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
On August 12, 2015, the United States Court of Appeals for the Second Circuit denied Midland Funding, LLC and Midland Credit Management (collectively, “Midland”)’s petition for panel rehearing, or, in the alternative, rehearing en banc, of the Second Circuit’s recent...

 

HTMLPharmaceutical Manufacturer's Preemptive Suit Secures Preliminary First Amendment Protection for Script to Promote Off-Label Use
Aaron Buchman, Bret A. Campbell, Adam S. Lurie, Brian T. McGovern, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 19, 2015, previously published on August 17, 2015
On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. (Amarin) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through...

 

HTMLSDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction
Thomas J. Curtin, Mark C. Ellenberg, Ellen Halstead, Howard R. Hawkins, Ivan Loncar; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 11, 2015, previously published on August 5, 2015
On July 23, 2015, in an action arising from the huge TCEH chapter 11 bankruptcy, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an opinion in Delaware Trust Company v. Wilmington Trust N.A.[1] denying plaintiff’s motion to remand the case back...

 

HTMLIn Closely Watched Case, Federal Court Upholds the Government’s Position on Provider Mandate to Report and Return Medicare and Medicaid Overpayments in 60 Days
Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 11, 2015, previously published on August 6, 2015
The Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010, included a provision (the “Report and Refund Mandate”), broadly requiring health care providers, suppliers, Part D plans and managed care organizations that were overpaid by the...

 

HTMLIllinois Court Strikes Down Chicago Pension Reforms, Deepening City's Financial Crisis
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Daniel Gwen, Ellen Halstead; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 10, 2015, previously published on July 29, 2015
On July 24, 2015, Judge Rita M. Novak of the Circuit Court of Cook County, Illinois struck down recently enacted legislation designed to shore up two of the City of Chicago’s severely underfunded pension plans by, among other things, reducing benefits.1 Judge Novak viewed as controlling a...

 

HTMLCFTC Division of Market Oversight Holds Roundtable to Assess the Made Available to Trade Process
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
July 31, 2015, previously published on July 20, 2015
On Wednesday, July 15, 2015, the Commodity Futures Trading Commission’s (“CFTC”) Division of Market Oversight (“DMO”) hosted a public roundtable to discuss the process to determine whether a swap must be executed on an exchange. The roundtable assessed industry...

 

HTMLSupreme Court Upholds Premium Subsidies in 34 States with Federally-Facilitated Marketplaces
Christina T. Holder, Pamela Landman, Stephanie Marcantonio, Paul W. Mourning; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 26, 2015, previously published on June 25, 2015
Today the U.S. Supreme Court handed down its much anticipated decision in King v. Burwell, a case challenging the legality of Federal subsidies provided to individuals in the 34 States that did not establish State-based American Health Benefit Exchanges (“State Exchanges”), and instead...

 

HTMLSecond Circuit Holds Application of State Usury Laws to Third-Party Debt Purchasers Not Preempted by National Bank Act
Nathan Bull, Scott A. Cammarn, Michael S. Gambro, Stuart N. Goldstein, Jordan M. Schwartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
On May 22, 2015, in Madden v. Midland Funding, LLC1 (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National Bank Act (the “NBA”) but rather such assignees...

 

HTMLSupreme Court Holds That Orders Denying Plan Confirmation Are Not Final for Appellate Purposes
Ingrid Bagby, Mark C. Ellenberg, Casey John Servais, Christopher J. Updike; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 16, 2015, previously published on May 21, 2015
On May 4, 2015, a unanimous United States Supreme Court in Bullard v. Blue Hills, 135 S. Ct. 1686 (2015), resolved a long-standing circuit court split by holding that a bankruptcy court’s order denying confirmation of a debtor’s proposed bankruptcy plan is not a “final”...

 

HTMLA Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Daniel Gwen, Ellen Halstead; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 16, 2015, previously published on May 19, 2015
On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois constitution. The legislation had sought to reduce...

 


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