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Document(s) published by this organization: 101
Show: results per page Sort by:  | New NDRC Proclamation Renders Some RMB Funds and the QFLP Pilot Program Unattractive to Foreign GPs and LPs
Rocky T. Lee; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article May 24, 2012, previously published on May 21, 2012 On April 23, 2012, the National Development and Reform Commission (“NDRC”), China’s national agency for economic planning, made an announcement uniformly clarifying its policy with respect to RMB-denominated funds (“RMB Funds”) that contain foreign-sourced RMB as...
| | The Impact of the JOBS Act on Private Funds and their Managers
Drew G.L. Chapman, Brian Kleinhaus, Alan M. Parness, Zahra F. Zaidi; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article May 4, 2012, previously published on May 3, 2012 President Obama signed the Jumpstart Our Business Startups Act, HR 3606 (the "JOBS Act") on Thursday, April 5, 2012, which contains significant amendments to the private capital raising provisions in the Securities Act of 1933, as amended (the "Securities Act"), the Securities...
| | SDNY Bankruptcy Court Interprets Section 546(e)’s Safe Harbors in Lehman-JPMorgan Dispute
Kathryn M. Borgeson, Mark C. Ellenberg, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article May 4, 2012, previously published on May 3, 2012 On April 19, 2012, the U.S. Bankruptcy Court for the Southern District of New York granted in part and denied in part JPMorgan Chase, N.A.’s motion to dismiss an adversary complaint filed by Lehman Brothers Holdings Inc. (“LBHI”) and its Official Committee of Unsecured Creditors....
| | FERC Confirms It Lacks Jurisdiction over Unbundled Renewable Energy Certificate Sales
Victoria Lauterbach, Gregory K. Lawrence; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article May 1, 2012, previously published on April 30, 2012 On April 20, 2012, the Federal Energy Regulatory Commission (“FERC”) issued an order accepting proposed revisions to the WSPP Agreement addressing sales of renewable energy certificates (“RECs”) made pursuant to that agreement. In the course of issuing this order FERC...
| | Delaware’s Not So Safe Harbors: Third Circuit Bankruptcy Court Declines to Rule that a Payment on a Letter of Credit is an Avoidance-Proof “Settlement Payment”
Mark C. Ellenberg, Peter M. Friedman, Michele C. Maman, Douglas S. Mintz, Casey Servais; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article April 18, 2012, previously published on April 17, 2012 On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance...
| | The Sun Never Sets on Dodd-Frank
Steven David Lofchie; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article April 18, 2012, previously published on April 17, 2012 When Dodd-Frank (more formally, the Wall Street Reform and Consumer Protection Act) was adopted, the legislation was advertised as a legal blueprint that, although proudly stamped “Made in America,” would serve as a light of financial safety as to derivatives, bank activities, and like...
| | English Court of Appeal Interprets the ISDA Master Agreement
Cadwalader Wickersham Taft LLP;
Legal Alert/Article April 13, 2012, previously published on April 12, 2012 Last week the Court of Appeal of England and Wales handed down its decision in four appeals which raise a number of questions of construction in relation to derivatives in the form of interest rate swaps and forward freight agreements documented under the International Swaps and Derivatives...
| | FERC Issues Orders on MISO Net Zero Interconnection Service
Terence Healey, Victoria Lauterbach, Gregory K. Lawrence; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article April 13, 2012, previously published on April 13, 2012 On March 30, 2012, the Federal Energy Regulatory Commission (“FERC”) issued two orders related to the Midwest Independent System Operator, Inc.’s (“MISO”) policies and procedures for the interconnection of generation facilities, which are set forth in Attachment X of...
| | What is a Swap? Maybe (Almost) Everything? You Gotta Problem with That?
Steven David Lofchie; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article April 13, 2012, previously published on April 12, 2012 It has now been almost two years since Dodd-Frank was enacted in order to provide comprehensive regulation of those transactions the legislation calls “swaps.” In a world regulated by common sense, “what is a swap?” would have been the first question answered by the...
| | New Pan-European Restrictions on Short Selling
Assia Damianova, Alix Prentice, Nick Shiren; Cadwalader Wickersham Taft LLP;
Legal Alert/Article April 11, 2012, previously published on April 10, 2012 On 24 March 2012, the European Parliament’s Regulation on “short selling and certain aspects of credit default swaps” (the Regulation) came into force.
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