Legal Articles: Cadwalader, Wickersham & Taft LLP

 







Document(s) published by this organization: 72


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HTMLCrowley 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;
Legal Alert/Article
May 25, 2015, previously published on May 18, 2015
A 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...

 

HTMLM&A Update: Delaware Supreme Court Issues Important Ruling Protecting Independent Directors
William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 25, 2015, previously published on May 18, 2015
On 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...

 

HTMLRecent Court and Agency Actions Suggest Increased Antitrust Risk Over Disgorgement, Particularly in the Pharmaceutical Industry
Andrew J. Forman, Daniel J. Howley, Charles F. (Rick) Rule, Eric Sega; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 13, 2015, previously published on May 05, 2015
Recent court and agency rulings highlight important takeaways involving disgorgement in antitrust proceedings. Companies, especially those in the pharmaceutical industry, increasingly should ensure they properly calibrate the potential for disgorgement in their antitrust risk calculus.

 

HTMLFinal Regulations on Section 162(m) Deduction Limit Exceptions
Shane J. Stroud, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 6, 2015, previously published on Apr 28, 2015
New final regulations[1] (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...

 

HTMLWhat Did April Bring?: FERC Extends Out-of-Market Reliability Measures but Wants Market-Based Solutions
Gregory K. Lawrence, Thomas Reid Millar, Mary Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 6, 2015, previously published on Apr 30, 2015
The Federal Energy Regulatory Commission (“FERC”) recently published two orders that approved capacity and reliability measures for the Independent System Operator New England Inc. (“ISO-NE”) and the New York Independent System Operator (“NYISO”). In contrast to...

 

HTMLSupreme 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;
Legal Alert/Article
May 6, 2015, previously published on Apr 29, 2015
On 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...

 

HTMLSEC 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;
Legal Alert/Article
May 6, 2015, previously published on Apr 30, 2015
The 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...

 

HTMLA Signal of Things to Come? New CME Rule 512 Reflects Modified Stance for Violations of Futures and Options Reporting Requirements
Athena Yvonne Eastwood, Jonathan H. Flynn, Neal E. Kumar, Gregory George Mocek, Mary Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 27, 2015, previously published on April 13, 2015
On March 24, 2015, the CME Group, Inc. (“CME”) announced a proposed amendment to Rule 512 indicating that it will impose a minimum fine of $1,000 for repeat violations of its exchanges’ reporting rules for futures and options. The amendment, which became effective on April 7, 2015...

 

HTMLPremium - In Whose Interest?
Tawnee Ebbs, Louisa Watt; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on March 31, 2015
The Loan Market Association (“LMA”) Standard Terms & Conditions for Par & Distressed Trade Transactions (Bank Debt/Claims) (the “Terms and Conditions”) are the recommended set of terms published by the LMA and commonly used for the trading of loans and claims in the...

 

HTMLTruthful . . . but Not Forthcoming? FERC Staff Takes Aggressive View of Material Omissions as Basis for Intent in Maxim Power
Gregory K. Lawrence, Thomas Reid Millar, Mary Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on March 30, 2015
Recent positions taken by FERC’s Enforcement Staff in the Maxim Power show cause proceeding add to the uncertainty regarding what information market participants must volunteer when communicating with the Commission, ISOs/RTOs, market monitors and others. We have recently written about Maxim...

 


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