Practice Areas & Industries: Cadwalader, Wickersham & Taft LLP


Securitization & Asset Based Finance Return to Practice Areas & Industries

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"The attorneys at Cadwalader have really mastered the art of securitization" - Chambers USA

Since 1985, Cadwalader has facilitated the issuance of billions of dollars of asset-backed securities. This practice, which has grown beyond traditional asset classes, now encompasses the entire range of emerging and niche asset classes, including: 12b-1 fees; airplane loans; annuity contracts; cell phone towers commercial loans; dealer notes and floor plan financing; equipment and automobile leases; franchise receivables; government receivables; insurance-related assets; manufactured housing; music and publishing royalties; pharmacy and health care receivables; solar assets; student loans; tax liens; taxi medallions; and trade receivables.

With unparalleled experience in securitization, garnered from participation in an exceptional number of transactions and industry leadership, Cadwalader attorneys have not only the legal expertise and judgment required for complex securitization matters but the sophisticated business perspective necessary in today's constantly evolving economic environment. In recognition of Cadwalader's level of experience in capital markets financings, the firm is consistently ranked by independent commentators and in league tables as one of the top securitization and structured finance law firms in the nation.

Whether in their capacities as issuers, underwriters or in other roles, banks, insurance companies and other financial institutions call upon Cadwalader to help them develop new products and structure and to devise cross-border structures in Europe, Asia and Latin America. Similarly, leading industry reporters and commentators - including those from Asset Backed Alert, Commercial Mortgage Alert, The Daily Deal, Derivatives Week, the Financial Times, Global Finance, International Securitisation Report, Securitization News, and others - seek the insight and perspective of our lawyers on complex legal issues.

Securitization requires the close cooperation of attorneys of numerous disciplines. Cadwalader's securitization team integrates attorneys from other disciplines to advise clients concerning the issues that arise in the course of securitization transactions, including those with expertise in real estate, corporate, securities and commodities regulation, bankruptcy, tax, banking, pension plan regulation, and ERISA to name a few.

Articles Authored by Lawyers at this office:

Clarifying Amendments to the Nonprofit Revitalization Act Signed Into Law
Christina T. Holder,Pamela Landman,Paul W. Mourning, January 04, 2016
On December 11, 2015, Governor Cuomo signed into law Chapter 555 of the Laws of New York of 2015 (Assemb. Bill 8118-B/Sen. Bill 5868-A) making certain “clarifying amendments,”1 effective immediately,2 to provisions of the New York Not-for-Profit Corporation Law (“NPCL”),...

2016 Proxy Season - Quick Reference Guide
Christopher T. Cox,William P. Mills,Gillian Emmett Moldowan,Shane J. Stroud, December 30, 2015
The year is coming to an end and the 2016 proxy season is on the horizon. This quick reference guide identifies considerations based on themes from 2015, offers recommendations and resources for the upcoming season, and discusses expected future changes in disclosure rules that public companies...

CFTC Adopts Margin Requirements for Uncleared Swaps
Patrick A. Calves,Nihal S. Patel,Jeffrey L. Robins,Michael Sean Selig, December 30, 2015
Yesterday, the Commodity Futures Trading Commission (“CFTC”) held an open meeting at which it voted to adopt final rules (the “CFTC Margin Rules”)1 governing margin requirements for uncleared swaps (“Swaps”) entered into by swap dealers and major swap...

Update on the EU’s Proposed Regulation on Securitisation and its Potential Impact on US Market Participants
Robert Cannon,Stephen Day,Neil Macleod,Claire Suzanne Puddicombe,David Quirolo, December 30, 2015
We discussed the European Commission’s (the “Commission”) proposal for a regulation (the “Regulation”) intended to harmonise existing EU laws applying to securitisations, including EU risk retention rules, and to create a legal framework intended to encourage...

Contractual Recognition of Bail-In - Are You Ready? 
Assia Damianova,Nick Shiren, December 29, 2015
The aim of the EU Bank Recovery and Resolution Directive (the “BRRD”)1 is to establish a framework for the recovery and resolution of EU credit institutions and significant investment firms and to equip EU national authorities with harmonised powers and tools to tackle financial crises...

M&A Update: Delaware Supreme Court Upholds Rural Metro Decision, but Financial Advisors Can Breathe a Sigh of Relief
Joshua Apfelroth,Lindsey Kister,William P. Mills,Martin L. Seidel, December 29, 2015
In a November 30, 2015 decision, the Delaware Supreme Court upheld the Delaware Chancery Court’s $76 million damages award against RBC Capital in In re Rural/Metro Corp. S’holders Litig. The ruling, however, notably rejected the trial court’s characterization of financial advisors...

The “State of Play” of the European Financial Transaction Tax: European Council Meeting, 8 December 2015
Adam Blakemore,Catherine Richardson, December 29, 2015
On 3 December 2015 the Luxembourg President of the Council of the European Union released a “state of play” announcement on the progress made during the course of this year by the ten European Union participating member states (Austria, Belgium, France, Germany, Greece, Italy, Portugal,...

CFTC / CME Settle Misappropriation Case
Scott A. Cammarn,Douglas J. Donahue,Athena Yvonne Eastwood,Doron F. Ezickson,Steven Lofchie, December 28, 2015
On December 2, 2015, the U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”) and the New York Mercantile Exchange (“NYMEX”) simultaneously announced settlements with Arya Motazedi, a gasoline trader, including for claims of insider trading under...

The End of the Implied Certification Theory?: The U.S. Supreme Court Grants Certiorari in Case That Could Substantially Limit the False Claims Act
Jonathan Bailyn,Keith M. Gerver,Adam S. Lurie,Brian T. McGovern,Anne M. Tompkins, December 28, 2015
On December 4, 2015, the United States Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar. In Universal Health Services, Inc., the Supreme Court will decide the legal validity of the “implied certification” theory of False Claims Act...