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HTMLSEC Issues Guidance for Shorter Debt Tender Offers
William P. Mills, Daniel F. Zimmerman; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 25, 2015, previously published on February 04, 2015
On January 23, 2015, the Staff of the U.S. Securities and Exchange Commission (the “SEC”) issued a no-action letter that allows certain tender offers for non-convertible debt securities to remain open for five business days, as opposed to the 20 business day period specified in Rule...

 

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...

 

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...

 

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,...

 

HTMLNew York Enacts Revisions to the UCC
Steven N. Cohen, Lech Kalembka, Bryon Mulligan; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 12, 2015, previously published on December 29, 2014
As many readers are aware, substantial revisions to Article 9 of the Uniform Commercial Code (the “UCC”) became effective in all 50 states and the District of Columbia in 2001 or shortly thereafter.

 

HTMLSecond Circuit Denies Petition for En Banc Review of Fairfield Decision
Ingrid Bagby, Daniel Gwen, David E. Kronenberg; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 12, 2015, previously published on January 16, 2015
On January 13, 2015, the U.S. Court of Appeals for the Second Circuit denied a petition for en banc review of the Second Circuit’s September 2014 panel decision holding that bankruptcy courts are required to review the propriety of a Chapter 15 debtor’s transfers of property interests...

 

HTMLRevlon: Motive, Market Checks and Injunctions
Joshua Apfelroth, Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 8, 2015, previously published on December 24, 2014
In two separate December 19th decisions, the Delaware Supreme Court and the Delaware Chancery Court declined to enjoin stockholder votes with respect to pending mergers for alleged violations of the target board’s Revlon duties. The decisions affirmed longstanding Delaware caselaw providing...

 

HTMLNew York State Court Extends Common Interest Privilege to Merger Talks
Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 17, 2014, previously published on December 10, 2014
In a December 4, 2014 decision, the New York Appellate Court, First Department, held that documents and discussions related to negotiation of a merger could be protected by the common interest privilege. The ruling represents a change in New York law which, unlike Delaware, previously limited the...

 

HTML2014 FERC Enforcement Report Emphasizes Internal Compliance Procedures, Self-Reporting, and Importance of Cooperation
Doron F. Ezickson, Gregory Kusel, Gregory K. Lawrence, Christopher J. Polito; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement activities during the fiscal year 2014 within Enforcement’s...

 

Adobe PDFThe Fate of FERC Demand Response Order No. 745: Efforts to Adapt While the Judicial and Complaint Processes Play Out
Sohair A. Aguirre, Terence T. Healey, Gregory K. Lawrence, Lamiya Rahman; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 5, 2014, previously published on November 14, 2014
Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and related complaints at FERC will take time to play...

 


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