Cadwalader, Wickersham & Taft LLP New York, NY Document Search Results (43)
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|Supreme Court Upholds Premium Subsidies in 34 States with Federally-Facilitated Marketplaces|
Christina T. Holder, Pamela Landman, Stephanie Marcantonio, Paul W. Mourning; Cadwalader, Wickersham & Taft LLP;
June 26, 2015, previously published on June 25, 2015Today the U.S. Supreme Court handed down its much anticipated decision in King v. Burwell, a case challenging the legality of Federal subsidies provided to individuals in the 34 States that did not establish State-based American Health Benefit Exchanges (“State Exchanges”), and instead...
|Second Circuit Holds Application of State Usury Laws to Third-Party Debt Purchasers Not Preempted by National Bank Act|
Nathan Bull, Scott A. Cammarn, Michael S. Gambro, Stuart N. Goldstein, Jordan M. Schwartz; Cadwalader, Wickersham & Taft LLP;
June 23, 2015, previously published on June 8, 2015On May 22, 2015, in Madden v. Midland Funding, LLC1 (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National Bank Act (the “NBA”) but rather such assignees...
|A Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits|
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Daniel Gwen, Ellen Halstead; Cadwalader, Wickersham & Taft LLP;
June 16, 2015, previously published on May 19, 2015On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois constitution. The legislation had sought to reduce...
|Supreme Court Holds That Orders Denying Plan Confirmation Are Not Final for Appellate Purposes|
Ingrid Bagby, Mark C. Ellenberg, Casey John Servais, Christopher J. Updike; Cadwalader, Wickersham & Taft LLP;
June 16, 2015, previously published on May 21, 2015On May 4, 2015, a unanimous United States Supreme Court in Bullard v. Blue Hills, 135 S. Ct. 1686 (2015), resolved a long-standing circuit court split by holding that a bankruptcy court’s order denying confirmation of a debtor’s proposed bankruptcy plan is not a “final”...
|IRS Mulls Change to Spinoff Rules|
William P. Mills, Richard M. Nugent, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
June 10, 2015, previously published on May 27, 2015In 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...
|M&A Update: Delaware Supreme Court Issues Important Ruling Protecting Independent Directors|
William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
May 25, 2015, previously published on May 18, 2015On 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...
|Crowley 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;
May 25, 2015, previously published on May 18, 2015A 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...
|SEC 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;
May 6, 2015, previously published on Apr 30, 2015The 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...
|Supreme 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;
May 6, 2015, previously published on Apr 29, 2015On 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...
|Final Regulations on Section 162(m) Deduction Limit Exceptions|
Shane J. Stroud, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
May 6, 2015, previously published on Apr 28, 2015New final regulations (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...