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HTMLChina’s Simplified Merger Review Program May Significantly Reduce Wait Times for Certain Global Transactions
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
February 21, 2014, previously published on February 19, 2014
On February 12, 2014, China’s Ministry of Commerce (“MOFCOM”) announced the implementation of its simplified merger-review program. Similar to the EU’s “Short Form CO,” under the new rules, transactions meeting certain thresholds will qualify for a so-called...

 

HTMLLyondell Bankruptcy Court Holds That Safe Harbors Do Not Prohibit Creditors From Asserting State Law Constructive Fraudulent Transfer Claims
Israel Dahan, Mark C. Ellenberg, Michael Stevens; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
February 4, 2014, previously published on January 29, 2014
On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In re Lyondell Chemical Co.), Adv. Proc. No. 10-4609 (REG), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) held that section 546(e) of the Bankruptcy...

 

Adobe PDFFERC Enforcement Director Calls for Legislative Fix to Address Hunter Decision
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
January 31, 2014, previously published on January 24, 2014
On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission (FERC), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection hearing entitled “Regulating Financial Holding Companies and Physical...

 

Adobe PDFEU Risk Retention Requirement: A Workable Solution for US CLO Collateral Managers?
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
January 31, 2014, previously published on January 23, 2014
Article 405 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (the “Capital Requirements Regulation”) imposes on European Economic...

 

Adobe PDFHighlights from 2013 and Implications for 2014
Jason M. Halper, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 22, 2014, previously published on January 17, 2014
During 2013 shareholder activism continued to surge and impact corporate-decision making. The Delaware courts also handed down several significant rulings during the year. 2013's activist campaigns and court rulings are likely to influence M&A market participants in 2014 and beyond.

 

Adobe PDFNew Decision Increases Calculation of Patent Term
Dorothy R. Auth, Andrew C. Chien; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 22, 2014, previously published on January 16, 2014
Yesterday, in Novartis AG v. Lee, 2013-1160 (Fed. Cir., Jan. 15, 2014), the Federal Circuit determined that the USPTO has been incorrectly calculating patent term adjustments, potentially shortening the terms of thousands of U.S. patents. Recently issued U.S. patents should be reviewed as soon as...

 

Adobe PDFNonprofit Revitalization Act of 2013 -- Best Governance Practices Made Mandatory
Marsena M. Farris, Pamela Landman, Stephanie Marcantonio, Brian T. McGovern, Paul W. Mourning; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 13, 2014, previously published on January 10, 2014
On December 18, 2013 Governor Cuomo signed into law the Nonprofit Revitalization Act of 2013 (the “Revitalization Act”), Assembly Bill Number 8072; Chapter 549 of the Laws of 2013. Intended “to reduce unnecessary and outdated burdens on nonprofits and to enhance nonprofit...

 

HTMLEuropean CLO 2.0 Issuer Jurisdiction Quick Reference Guide
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
January 13, 2014, previously published on January 13, 2014
New issuance of collateralised loan obligations (“CLOs”) rose last year to its highest level since the credit crunch. 2013 saw U.S. CLO issuance rise to about US$81 billion, from US$54 billion the year before while European CLO issuance leapt to about €8 billion from zero during...

 

HTMLFERC and CFTC Reach Agreement on Information Sharing and Jurisdiction
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
January 9, 2014, previously published on January 07, 2014
After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“MOUs”) required by the Dodd-Frank Act. On January 2, 2014, the Federal Energy...

 

HTMLLehman Bankruptcy Court Issues Safe Harbor Decision
Kathryn Borgeson, Mark C. Ellenberg, Lary Stromfeld, John H. Thompson; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 7, 2014, previously published on January 6, 2014
On December 19, 2013, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued his latest decision in the Lehman Brothers cases addressing the scope of the safe harbor provisions of the Bankruptcy Code. Michigan State Housing Development Authority v....

 


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