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HTMLProposed Regulations Would Block Some Spinoffs
Richard M. Nugent, Linda Z. Swartz, Edward S. Wei; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on July 15, 2016
Proposed regulations issued on July 14, 2016 generally would prevent tax-free spinoffs involving companies with less than 5% active business assets and spinoffs where one company holds a substantial amount of nonbusiness assets and the other company does not. These rules generally would apply to...

 

HTMLProposed QI Agreement Addresses Cascading Withholding on Dividend Equivalents
Brian Foster, Mark P. Howe, Steven Lofchie, Jason D. Schwartz, Ray Shirazi; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on July 5, 2016
On July 1, the U.S. Internal Revenue Service issued Notice 2016-42, which proposes changes to the qualified intermediary (QI) agreement to address cascading U.S. withholding tax on dividends and “dividend equivalents” received and paid by qualified derivatives dealers (QDDs) with...

 

HTMLPotential Risks and Rewards of Cybersecurity Information Sharing Under CISA
Peter Carey, Keith M. Gerver, Joseph V. Moreno, Emily J. Rockwood; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on July 21, 2016
When President Obama signed into law the Cybersecurity Act of 2015, which was designed to facilitate information sharing on cybersecurity threats between the public and private sectors, proponents hailed it as “our best chance yet to help address this economic and national security priority...

 

HTMLSupreme Court Reinvigorates Effectiveness of Obtaining an Opinion of Counsel to Defend against Potential Enhanced Damages for Willful Infringement in Halo Electronics
Dorothy R. Auth; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 5, 2016, previously published on July 21, 2016
On June 13, 2016, the U.S. Supreme Court again reversed a decision of the Federal Circuit-the Circuit specially designated to hear all patent appeals-this time, in articulating the test for determining whether to award enhanced damages for willful patent infringement in Halo Electronics, Inc. v....

 

HTMLM&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks
Nathan Bull, William P. Mills, Heather E. Murray, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
July 7, 2016, previously published on June 15, 2016
On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is pending or reasonably anticipated. The decision reversed an intermediate...

 

HTMLCFPB Proposed Rules Address Payday Loans and Impose New Customer Diligence Requirements
Scott A. Cammarn, Peter Carey, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 20, 2016, previously published on June 8, 2016
The Consumer Financial Protection Bureau (“CFPB”) last week announced long-awaited proposed rules governing payday loans and other high-cost credit products, including that lenders must take steps to ensure prospective borrowers have the ability to repay them.1 The proposed rules, which...

 

HTMLCFPB Targets Mandatory Arbitration Clauses to Protect Consumer Class Actions
Scott A. Cammarn, Peter Carey, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 13, 2016, previously published on May 10, 2016
On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule to prohibit providers of certain consumer financial products and services from using arbitration clauses to block consumers from filing or participating in class action lawsuits.1 In addition, the...

 

HTMLIRS Ruling Sounds Alarm over Tax-Exempt Status of Nonprofit ACOs Operating outside of the Medicare Shared Savings Program
Jean Marie Bertrand, Brian T. McGovern, Paul W. Mourning, Khaled Mowad; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 9, 2016, previously published on May 10, 2016
On April 8, 2016, the IRS released private letter ruling 201615022 denying tax-exempt section 501(c)(3) status to a nonprofit accountable care organization (“ACO”) that did not participate in the Medicare Shared Savings Program (“MSSP”).1 This adverse determination raises...

 

HTMLGovernment’s Decision Not to Charge Phil Mickelson Illustrates Difficulties in Proving Insider Trading Cases Against Tippees
Douglas H. Fischer, Joseph V. Moreno, Kendra (Clayton) Wharton; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 8, 2016, previously published on May 24, 2016
On May 19, 2016, the United States Attorney’s Office for the Southern District of New York and the Securities and Exchange Commission (“SEC”) announced insider trading charges against Las Vegas sports bettor William (“Billy”) Walters and former Dean Foods chairman...

 

HTMLFinCEN Issues Final Rules for Customer Due Diligence Requirements
Jodi L. Avergun, Scott A. Cammarn, Colleen D. Kukowski, Dorothy D. Mehta, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 8, 2016, previously published on May 13, 2016
On May 11, 2016, the Financial Crimes Enforcement Network (“FinCEN”) issued the final version of its long-awaited “Customer Due Diligence Rules” under the Bank Secrecy Act. 1 The final rules impose a new requirement on “covered financial institutions” - which...

 


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