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HTMLM&A Update: Senator Levin Introduces Anti-Inversion Act
Christopher T. Cox, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 29, 2014, previously published on May 21, 2014
On May 20, 2014, Sen. Carl Levin (D-MI) introduced the Stop Corporate Inversions Act of 2014 (the “Levin Bill”), which proposes significantly more stringent limits on the ability of U.S. companies to relocate outside the U.S. The Levin Bill, if enacted, would apply to transactions...

 

HTMLFERC Orders Evidentiary Hearing for Alleged Market Manipulation by BP
Doron F. Ezickson, Terence T. Healey, Kenneth W. Irvin, Gregory K. Lawrence, Paul J. Pantano; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 29, 2014, previously published on May 19, 2014
On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued an order setting an evidentiary hearing before an administrative law judge (ALJ) to determine whether BP America Inc., BP Corporation North America Inc., BP America Production Company, and BP Energy Company (collectively, BP)...

 

HTMLImportant Court Decision For No-Fault Insurers; Second Circuit Court of Appeals Rejects Limitation On State Farm v. Mallela
Jared Facher, William J. Natbony; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 7, 2014
We are pleased to inform you that our firm, together with our co-counsel Bob Stern of Stern & Montana, obtained a very favorable and significant decision for no-fault insurers on an issue of first impression at the appellate level. Specifically, on May 6, 2014, in the case of Allstate Insurance...

 

HTMLSignificant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule
Sohair A. Aguirre, Athena Velie Eastwood, Kenneth W. Irvin, Gregory K. Lawrence, Sarah Tucker; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 9, 2014
On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). EPA v. EME Homer City Generation, L.P., No. 12-1182. In a 6-2 decision, the majority held that: (1) the Clean Air Act...

 

Adobe PDFBefore The Whistle Blows: Understanding And Addressing The Expanding Scope Of Whistleblower Protections Under Sarbanes-Oxley And Dodd-Frank
William J. Foley, Jason M. Halper, Lambrina Mathews; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 12, 2014
The Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") was enacted following the accounting scandals of the early 2000s involving Enron, WorldCom and other public companies. Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in 2010 following...

 

HTMLM&A Update: Delaware Court Upholds Sotheby’s Poison Pill Defense Against Activist Citing “Negative Control” as a Corporate Threat
Jason M. Halper, Gregory A. Markel, Braden McCurrach, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 7, 2014, previously published on May 5, 2014
In a May 2, 2014 ruling relating to activist hedge fund Third Point LLC’s proxy battle with auction house Sotheby’s, the Delaware Chancery Court found that Third Point was not likely to succeed in its argument that the Sotheby’s board violated its fiduciary duties when it adopted...

 

HTMLGoing Public: Powhatan Energy Fund’s “Insurance Policy” Regarding FERC Enforcement’s Non-Public Manipulation Investigation into the Fund’s “High-Frequency” PJM Trading Activity
Lynna Cobrall, Gregory K. Lawrence; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 7, 2014, previously published on May 5, 2014
On February 28, 2014, Powhatan Energy Fund (“Powhatan”) launched a public website disclosing that for more than three years, the Federal Energy Regulatory Commission (“FERC”) Office of Enforcement (“OE”) has been investigating Powhatan for alleged manipulation of...

 

HTMLChancery Court Provides Another Lesson for a Reasonable Sale Process
Jason M. Halper, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 2, 2014, previously published on April 30, 2014
In a recent decision, Chen v. Howard-Anderson, the Delaware Chancery Court once again questioned the reasonableness of how a board conducted the sale of a company when it permitted stockholder claims to go to trial. The decision provides yet another reminder—if one is needed—that boards...

 

Adobe PDFFederal Circuit Rules No Per Se Prohibition Against Injunctions for FRAND - Encumbered Standard Essential Patents
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
May 2, 2014, previously published on April 30, 2014
On April 25, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief in Apple Inc. v. Motorola, Inc. This decision not only revived Apple and...

 

HTMLM&A Update: New Rules Will Limit Shareholders’ Tax-Free Treatment on Inversions
Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 29, 2014, previously published on April 25, 2014
In what may be the first of a series of steps, the government took decisive action today to ensure that shareholders of US companies inverting by merger must pay tax on the transfer of their US company shares if they hold a majority of the combined company’s equity.

 


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