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Cadwalader, Wickersham & Taft LLP New York, NY Document Search Results (43)

 

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HTMLWhat Did April Bring?: FERC Extends Out-of-Market Reliability Measures but Wants Market-Based Solutions
Gregory K. Lawrence, Thomas Reid Millar, Mary Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 6, 2015, previously published on Apr 30, 2015
The Federal Energy Regulatory Commission (“FERC”) recently published two orders that approved capacity and reliability measures for the Independent System Operator New England Inc. (“ISO-NE”) and the New York Independent System Operator (“NYISO”). In contrast to...

 

HTMLTruthful . . . but Not Forthcoming? FERC Staff Takes Aggressive View of Material Omissions as Basis for Intent in Maxim Power
Gregory K. Lawrence, Thomas Reid Millar, Mary Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on March 30, 2015
Recent positions taken by FERC’s Enforcement Staff in the Maxim Power show cause proceeding add to the uncertainty regarding what information market participants must volunteer when communicating with the Commission, ISOs/RTOs, market monitors and others. We have recently written about Maxim...

 

HTMLDepartment of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace Prosecution
Joseph J. Bial, Anthony V. Nanni, Charles F. (Rick) Rule, Eric Sega; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on April 7, 2015
On April 6, 2015, the Department of Justice Antitrust Division announced that David Topkins, a former executive of an e-commerce seller of wall décor, had pled guilty to a one-count felony charge for conspiring to fix the prices of certain posters sold in the United States through Amazon...

 

HTMLCFTC Issues No-Action Relief for Amended Legacy Swaps between SDs and SPVs
Douglas J. Donahue, Ivan Loncar, Paul J. Pantano, Nihal S. Patel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on April 1, 2015
On March 31, 2015, the Division of Swap Dealer and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “CFTC”) issued no-action relief regarding compliance with certain of its swap regulations, including, but not limited to, business...

 

HTMLM&A Update: Market Pressures, Favorable Law Spur REIT Conversions and Spinoffs
William P. Mills, Richard M. Nugent; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on March 16, 2015
Urged on by activists and institutional shareholders, a large number of companies with real estate holdings pursued real estate investment trust (REIT) conversions or spinoffs in 2014. At least half a dozen companies completed REIT transactions last year, including cell tower company Crown Castle...

 

HTMLCourt Finds CFTC RTO/ISO Exemptive Order Bars CEA § 22 Private Right of Action, but More to Come from the CFTC
Gregory K. Lawrence, Christopher J. Polito, Lamiya Rahman; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on February 17, 2015
Can private litigants bring claims under the Commodity Exchange Act alleging manipulation in ERCOT’s energy markets? On February 3, the U.S. District Court for the Southern District of Texas answered “no,” granting defendants’ motion to dismiss in Aspire Commodities v. GDF...

 

HTMLFederal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers - Both Non-Profit and For-Profit
Ingrid Bagby, Erik Graham-Smith, Pamela Landman, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on March 5, 2015
Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors - in...

 

HTMLFERC Issues Order to Show Cause to Maxim Power
Terence T. Healey, Gregory K. Lawrence, Thomas Reid Millar, Natalie Mitchell, Christopher J. Polito; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 25, 2015, previously published on February 05, 2015
On February 2, 2015, FERC issued an Order to Show Cause and Notice of Proposed Penalty to Maxim Power Corporation and its named subsidiaries (“Maxim”), jointly and severally, as well as executive, Kyle Mitton (the “Order”). The Commission ordered Maxim and Mitton (together,...

 

HTMLThe Fate of Demand Response Hangs in the Balance
Sohair A. Aguirre, Gregory K. Lawrence, Natalie Mitchell, Lamiya Rahman; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 25, 2015, previously published on January 29, 2015
The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations. Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet regarding this very question. Three days later, on January 15, 2015, the...

 

HTMLUnregistered CTA Summit Energy Services: Choose Your Words Wisely
Athena Yvonne Eastwood, Andrew M. Greenberg, Neal E. Kumar, Gregory K. Lawrence; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 25, 2015, previously published on February 09, 2015
A recent case highlights the importance of periodically reviewing an energy company's marketing materials and related activities (including statements made on websites) to ensure that the company is not holding itself out -- without CFTC registration -- as a CTA (commodity trading advisor). A...

 


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