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HTMLProcess Is Paramount: The Delaware Court of Chancery Gives “100% Weight” to Merger Price in Determining Company’s Fair Value in Appraisal Proceeding
Dori Cohen, Jason M. Halper, Jared Stanisci; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 5, 2017, previously published on December 20, 2016
On December 16, 2016, the Delaware Court of Chancery issued a post-trial opinion in an appraisal proceeding arising from the acquisition of Lender Processing Services, Inc. (“LPS” or the “Company”) by Fidelity National Financial, Inc. (“Fidelity”). In his opinion...

 

HTML The Supreme Court’s Broad Interpretation of the Bank Fraud Statute May Provide a Potent Tool in Combatting Cybercrime
Joseph Facciponti, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 5, 2017, previously published on December 19, 2016
The Supreme Court in Shaw v. United States recently held that the federal bank fraud statute does not require that defendants cause, or intend to cause, an actual financial loss to the financial institutions they seek to defraud.1 The Supreme Court’s decision helped resolve a longstanding...

 

HTMLThe Trump Administration: Potential Levers of Regulatory Change Affecting the Commodities Markets
Scott A. Cammarn, Athena Yvonne Eastwood, Neal E. Kumar, Steven Lofchie, Anthony M. Mansfield; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 5, 2017, previously published on December 21, 2016
Much has happened since the election of Donald J. Trump as the 45th President of the United States and the return of both houses of Congress to Republican control. The Trump transition team has repeatedly declared its intention to “dismantle” the Dodd-Frank Act (“Dodd-Frank”...

 

HTMLThe Trump Administration: The Future of Health Care
Kathy Hirata Chin, Pamela Landman, Stephanie Marcantonio, Brian T. McGovern, Paul W. Mourning; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 3, 2017, previously published on December 6, 2016
The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely set in motion a major overhaul of the nation’s health care system. As a candidate, President-elect...

 

HTMLIRS Phases in Section 871(m) Dividend Equivalent Withholding
Jean Marie Bertrand, Brian Foster, Mark P. Howe, Steven Lofchie, Jason D. Schwartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 3, 2017, previously published on December 5, 2016
On December 2, the U.S. Internal Revenue Service issued Notice 2016-76, which phases in the application of withholding on dividend equivalent payments under section 871(m). Under the notice, withholding applies only to delta-one transactions in 2017, and applies to other U.S. equity transactions...

 

HTMLUnited Airlines Settles with SEC for Side-Stepping Its Own Anti-Corruption Controls: Management Override for a Ride Over to South Carolina
Bret A. Campbell, J. Robert Duncan, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 28, 2016, previously published on December 7, 2016
In a settlement highlighting the need for public companies to implement - and adhere to - effective internal controls, United Airlines “United” recently paid a $2.4 million civil penalty to the Securities and Exchange Commission “SEC” for failing to follow its own compliance...

 

HTMLThe Trump Administration: Change By Executive Action and Inaction
Scott A. Cammarn, Pamela Landman, Steven Lofchie, Anthony M. Mansfield, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 28, 2016, previously published on December 9, 2016
The election of Donald J. Trump as the 45th President of the United States, along with Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in U.S. financial services, energy, and commodities laws and markets.

 

HTMLThe Supreme Court Restores Implied Benefit Theory in Insider Trading Prosecutions of Downstream Tippees
Jodi L. Avergun, Douglas H. Fischer, Jason M. Halper, Alexander Hokenson, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 28, 2016, previously published on December 8, 2016
Friends and relatives of corporate insiders who knowingly receive and trade on inside information now confront greater exposure for federal securities laws violations. On December 6, 2016, the Supreme Court held in United States v. Salman that “tippees” who trade on material non-public...

 

HTMLAdditional Clarifying Amendments to the Nonprofit Revitalization Act Signed Into Law
Pamela Landman, Paul W. Mourning, Khaled Mowad; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 5, 2016, previously published on November 30, 2016
On November 28, 2016, Governor Cuomo signed into law Chapter 466 of the Laws of New York of 2016 (Assemb. Bill 10365B) (the “2016 Amendment”). The 2016 Amendment is intended to “improve and make clarifying amendments to the Nonprofit Revitalization Act of 2013” (the...

 

HTMLThe Trump Administration: Tools to Modify Current Tax Guidance
Mark P. Howe, Richard M. Nugent, Gary T. Silverstein, Linda Z. Swartz, Edward S. Wei; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 5, 2016, previously published on November 30, 2016
The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, has raised the possibility that current Treasury regulations may be modified or nullified.

 


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