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Adobe PDFThe Importance of a Causation “Defense” In Post-Credit Crisis Investment Litigation
Gregory Beaman, Jason M. Halper; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 27, 2013, previously published on December 23, 2013
Nearly a decade ago, the United States Supreme Court in Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336, 345 (2005), emphasized that a securities fraud suit is not an investor’s insurance policy against market losses. As courts continue to address the fallout from the financial crisis that...

 

Adobe PDFEuropean Banking Authority Publishes Final Draft Regulatory Technical Standards on Securitisation Retention Rules - Who Can Now Retain in a Managed CLO?
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
December 23, 2013, previously published on December 19, 2013
Earlier this week, the EBA published its final draft Regulatory Technical Standards (“Draft RTS”) on securitisation retention rules and related requirements. The RTS are intended to provide greater clarity and transparency for market participants, and to support compliance and foster...

 

Adobe PDFThe Volcker Rule's Impact on Banking Entities' Ownership and Sponsorship of Structured Finance and Securitization Transactions
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
On December 10, 2013, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission and the Commodity Futures Trading Commission (collectively, the "Agencies") released...

 

Adobe PDFFinal and Proposed Regulations Address U.S. Withholding Tax on U.S. Equity Derivatives
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
December 16, 2013, previously published on December 13, 2013
On Tuesday, December 4, the IRS and the Treasury Department issued proposed regulations that, if finalized as proposed, would dramatically increase the extent to which U.S. withholding tax is imposed on U.S. equity derivatives. On the same day, the IRS and the Treasury Department also issued final...

 

HTML2013 FERC Report Confirms Increased Enforcement Activity
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
December 11, 2013, previously published on December 9, 2013
On November 21, 2013, the Federal Energy Regulatory Commission (FERC) Office of Enforcement (Enforcement) issued its 2013 Report on Enforcement (Report). The annual Report provides an overview of and statistics regarding FERC’s enforcement activities during the fiscal year 2013 within...

 

HTMLCourt Rules that Detroit is Eligible for Chapter 9 and that Pensions May be Impaired in Chapter 9
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
December 11, 2013, previously published on December 6, 2013
On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit’s eligibility to be a debtor under chapter 9 of the United States Bankruptcy Code. In re City of Detroit, Michigan, Case No. 13-53846 (Bankr. E.D....

 

HTMLChancery Court Takes Firm Stance on Seller’s Pre-Closing Privileged Communication
Jason M. Halper, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 28, 2013, previously published on November 22, 2013
A recent Delaware Chancery Court opinion highlights the risk to sellers and their advisors that pre-closing communications could become evidence in a post-closing lawsuit related to the transaction. The opinion, Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, provides a number...

 

HTMLDelaware Court Confirms High Bar to Escape Deal
Jason M. Halper, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
Two recent Delaware Chancery Court opinions, issued on October 25 and November 9, 2013, illustrate the high bar that buyers and sellers must clear to escape an unfavorable deal or obtain a court order requiring a deal to close.

 

Adobe PDFInsurers Seek Enforcement of State Law Protections for City of Detroit GO Bonds
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
November 13, 2013, previously published on November 12, 2013
On November 8, 2013, three monoline insurers of the City's general obligation bonds commenced adversary proceedings in the City of Detroit bankruptcy case. Through these actions, the monoline insurers seek to compel enforcement of the status quo for the general obligation bonds by requiring the...

 

Adobe PDFESMA Authorises Trade Repositories
Cadwalader Wickersham Taft LLP;
Legal Alert/Article
November 13, 2013, previously published on November 8, 2013
The European Market Infrastructure Regulation (including any implementing legislation, regulation, technical standards and guidance related thereto, "EMIR") was adopted on 4 July 2012 and entered into force on 16 August 2012 with the objective of increasing transparency and reducing risk...

 


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