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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...

 

HTMLCFTC Issues No-Action Relief for Amended Legacy Swaps between SDs and SPVs
Douglas J. Donahue, Ivan Loncar, Paul J. Pantano, Nihal S. Patel; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on April 1, 2015
On March 31, 2015, the Division of Swap Dealer and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “CFTC”) issued no-action relief regarding compliance with certain of its swap regulations, including, but not limited to, business...

 

HTMLDepartment of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace Prosecution
Joseph J. Bial, Anthony V. Nanni, Charles F. (Rick) Rule, Eric Sega; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on April 7, 2015
On April 6, 2015, the Department of Justice Antitrust Division announced that David Topkins, a former executive of an e-commerce seller of wall décor, had pled guilty to a one-count felony charge for conspiring to fix the prices of certain posters sold in the United States through Amazon...

 

HTMLUK Budget 2015 - Key Tax Measures
Adam Blakemore, Catherine Richardson; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 14, 2015, previously published on March 19, 2015
The Chancellor of the Exchequer’s final Budget of the current Parliament, given on 18 March 2015, was held in the shadow of the UK’s general election on 7 May 2015. With the backdrop of the UK’s GDP growth increasing, continued low interest rates, rising employment and a reducing...

 

HTMLFinCEN Assesses $1 Million Penalty and Seeks to Bar Former MoneyGram Executive from Financial Industry
Jodi L. Avergun, James A. Treanor; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 14, 2015, previously published on December 22, 2014
On December 18, 2014, the Financial Crimes Enforcement Network (“FinCEN”) assessed a $1 million civil monetary penalty against Thomas E. Haider, former Chief Compliance Officer at MoneyGram International Inc., for allegedly failing to ensure that his company complied with the anti-money...

 

HTMLThe Suprema Federal Circuit En Banc Hearing: The Full Court's Decision May Impact the ITC's Remedial Authority
Alexander J. Hadjis, Tihua Huang, Steven L. Rushing, Kristin L. Yohannan; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on February 20, 2015
On February 5, 2015, the Federal Circuit sat en banc and heard oral argument after vacating a panel decision in Suprema, Inc. v. Int’l Trade Comm’n, 742 F.3d 1350 (Fed. Cir. 2013). The panel decided that the ITC lacks statutory authority to enter an exclusion order to remedy the induced...

 

HTMLTakeaways from the Ninth Circuit’s Opinion Affirming the FTC’s Victory Against the St. Luke's/Saltzer Merger
Andrew J. Forman, Daniel J. Howley, Jonathan S. Kanter, Charles F. (Rick) Rule, Eric Sega; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on February 12, 2015
On February 10, 2015, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s ruling that St. Luke’s Health System’s acquisition of the independent physician group Saltzer Medical Group violated the antitrust laws. This appellate victory is another in...

 

HTMLFederal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers - Both Non-Profit and For-Profit
Ingrid Bagby, Erik Graham-Smith, Pamela Landman, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on March 5, 2015
Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors - in...

 

HTMLM&A Update: Market Pressures, Favorable Law Spur REIT Conversions and Spinoffs
William P. Mills, Richard M. Nugent; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 26, 2015, previously published on March 16, 2015
Urged on by activists and institutional shareholders, a large number of companies with real estate holdings pursued real estate investment trust (REIT) conversions or spinoffs in 2014. At least half a dozen companies completed REIT transactions last year, including cell tower company Crown Castle...

 


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