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HTMLIRS Mulls Change to Spinoff Rules
William P. Mills, Richard M. Nugent, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 10, 2015, previously published on May 27, 2015
In a statement that would mark a stark change in approach, an IRS official recently indicated that the IRS may begin requiring that companies seeking to effect tax-free spinoffs conduct active businesses that represent a minimum percentage of the companies’ assets. The official noted that the...

 

HTMLCrowley Executive Acquittal in Price Fixing Trial Highlights Importance of Evaluating Legitimate Defenses and Avoiding Costly Plea Agreements
Joseph J. Bial, Daniel J. Howley, Anthony V. Nanni, Charles F. (Rick) Rule, Eric Sega; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 25, 2015, previously published on May 18, 2015
A federal jury’s recent acquittal of a shipping company executive charged with price fixing highlights the challenges and uncertainties the Antitrust Division of the Department of Justice (“DOJ”) faces when defendants force DOJ to prove its case at trial. It also highlights the...

 

HTMLM&A Update: Delaware Supreme Court Issues Important Ruling Protecting Independent Directors
William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 25, 2015, previously published on May 18, 2015
On May 14, 2015, the Delaware Supreme Court ruled that claims against independent directors must be dismissed when a company charter provision shields directors from monetary liability for breach of the duty of care and the plaintiffs are unable to plead facts establishing that the directors...

 

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...

 

HTMLFinal Regulations on Section 162(m) Deduction Limit Exceptions
Shane J. Stroud, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 6, 2015, previously published on Apr 28, 2015
New final regulations[1] (the “Final Regulations”) have been issued clarifying and altering the “qualified performance-based compensation” exception and the transitional “reliance period” exception for newly public companies to the $1 million limit on deductible...

 

HTMLSupreme Court’s Holding in Oneok v. Learjet Could Lead to New Risks for Market Participants
Joseph J. Bial, Daniel J. Howley, Gregory K. Lawrence, Thomas Reid Millar, Natalie Mitchell; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 6, 2015, previously published on Apr 29, 2015
On April 21, 2015, the Supreme Court decided Oneok v. Learjet,1 holding that “Respondents’ state-law antitrust claims are not within the field of matters pre-empted by the Natural Gas Act”2 even though the claimed violations “affected . . . federally regulated wholesale...

 

HTMLSEC Proposes Title VII Regulatory Framework for Non-US Dealers Transacting in the United States
Steven Lofchie, Isaac Neill, Nihal S. Patel, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 6, 2015, previously published on Apr 30, 2015
The U.S. Securities and Exchange Commission (the “SEC”) reproposed rules addressing the application of certain requirements under Title VII of the Dodd-Frank Act (the “Reproposal”) to non-U.S. persons dealing in security-based swaps (“SBSs”), where the...

 

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...

 

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...

 

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...

 


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