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HTMLNew York State Court Extends Common Interest Privilege to Merger Talks
Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 17, 2014, previously published on December 10, 2014
In a December 4, 2014 decision, the New York Appellate Court, First Department, held that documents and discussions related to negotiation of a merger could be protected by the common interest privilege. The ruling represents a change in New York law which, unlike Delaware, previously limited the...

 

HTML2014 FERC Enforcement Report Emphasizes Internal Compliance Procedures, Self-Reporting, and Importance of Cooperation
Doron F. Ezickson, Gregory Kusel, Gregory K. Lawrence, Christopher J. Polito; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement activities during the fiscal year 2014 within Enforcement’s...

 

Adobe PDFThe Fate of FERC Demand Response Order No. 745: Efforts to Adapt While the Judicial and Complaint Processes Play Out
Sohair A. Aguirre, Terence T. Healey, Gregory K. Lawrence, Lamiya Rahman; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
December 5, 2014, previously published on November 14, 2014
Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and related complaints at FERC will take time to play...

 

HTMLFederal Court Decision in Allergan Control Battle Raises Serious Questions for New Takeover Technique
Joshua Apfelroth, Gregory A. Markel, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 15, 2014, previously published on November 6, 2014
The Federal District Court’s November 4th ruling in Allergan, Inc. vs. Valeant Pharmaceuticals International, Inc. raises “serious questions” for the takeover partnership employed by Valeant and Pershing Square in their hostile bid to acquire Allergan.

 

HTMLFERC Revokes MBR Authorization of 26 Suppliers for Delinquent EQRs
Terence T. Healey, Kenneth W. Irvin, Katherine Vorhis; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 15, 2014, previously published on November 5, 2014
On October 30, 2014, the Federal Energy Commission issued an order revoking the market-based rate (“MBR”) authorization of twenty-six (26) retail suppliers for failure to timely file Electric Quarterly Reports (“EQRs”). The FERC had notified these suppliers on October 9,...

 

HTMLNo Control, No Conflict, No Problem
Joshua Apfelroth, Gregory A. Markel, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 15, 2014, previously published on October 31, 2014
On October 24th, the Delaware Chancery Court dismissed a lawsuit challenging the merger of Crimson Exploration and Contango Oil & Gas. Minority Crimson stockholders alleged that Oaktree Capital Management, Crimson’s largest stockholder with a 33.7% stake, controlled Crimson and caused it...

 

HTMLRisk Retention for Commercial Mortgage-Backed Securities: Fact Sheet
David Burkholder, Michael S. Gambro, Anna H. Glick, Stuart N. Goldstein, Robert Kim; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 3, 2014, previously published on October 29, 2014
On October 22, 2014, the federal regulatory agencies responsible for implementing regulations under Dodd-Frank finalized the risk retention rules for ABS transactions, including CMBS transactions. The final rules come more than three years after risk retention rules were originally proposed, and...

 

HTMLNew MiFID I Consultation Paper Creates Further Challenges for Commodity Market Participants
Assia Damianova, Doron F. Ezickson, Jonathan H. Flynn, Antoinette Maginness, Nick Shiren; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on October 14, 2014
On 29 September 2014, ESMA published a consultation paper (the Consultation Paper) seeking industry feedback for guidelines relating to certain commodity derivatives, namely those falling under C6 and C7 of Annex I of the Markets in Financial Instruments Directive (MiFID). One of the reasons for...

 

HTMLFirst Criminal Prosecution for Spoofing: High Frequency Trading Firm Owner Indicted in Northern District of Illinois
Jodi L. Avergun, Isabelle S. Corbett, Jonathan H. Flynn, Anthony M. Mansfield, Gregory George Mocek; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
On October 2, 2014, the U.S. Attorney for the Northern District of Illinois announced the indictment of Michael Coscia, the owner of Panther Energy Trading (“Panther”), for six counts of commodities fraud and six counts of spoofing. This indictment represents the first ever criminal...

 

HTMLClear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results
Terence T. Healey, Kenneth W. Irvin, Gregory K. Lawrence, Thomas Reid Millar; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on September 24, 2014
On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on the other, over whether to accept rates...

 


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