"[C}ompanies seek. . . its attorneys to handle some of the most complex financial litigation they encounter." - Benchmark Litigation USA

Matters involving derivatives, complex financial products and commodities form a significant part of Cadwalader's litigation practice. With a leading derivatives and structured products practice, our lawyers have counseled clients as to issues involving many novel, innovative and complex financial instruments. Our extensive knowledge of, and experience with, the development and trading of such products means that we are well-positioned to handle any litigation surrounding them quickly and efficiently.

We represent both dealers and end-users in connection with disputes relating to a variety of products including mortgage-backed securities, asset-backed securities, CDOs, CMOs, CBOs, repos, interest rate swaps, total return swaps and credit default swaps, options, and a host of other instruments.

In addition to counseling our clients on the risks associated with particular products and alternative strategies for dealing with defaults, margin calls and similar trading issues, we represent them in regulatory inquiries and investigations involving trading in complex financial instruments.

The department has extensive experience in litigating commodities matters involving a vast array of financial instruments, including foreign currencies, U.S. and foreign government securities, and U.S. and foreign stock indices, as well as traditional agricultural, energy and physical commodities. We represent clients in claims involving accounting misstatements, insider trading, manipulations, and other instances of alleged fraudulent activity, before the Commodities Futures Trading Commission (CFTC) and SEC, as well as self-regulatory agencies.

Experience

• AIG Financial Products Corp. in an interpleader action consolidated with a related case involving a CDO "waterfall" dispute between different classes of note holders over two fund distribution provisions in an indenture
• MBIA Inc. and affiliate LaCrosse Financial Products LLC in a summary judgment motion claiming, inter alia, breach of contract by Dutch bank Rabobank as well as co-defendants Paragon and The Bank of New York Mellon Trust Co. NA. stemming from Rabobank's sale of more than $100 million of CDO collateral in consultation with BNY Mellon without MBIA's permission, in violation of agreements underlying an investment deal that provided credit default swap protection and financial guaranty insurance for the CDO
• MBIA Insurance Corporation, which provided financial guaranty insurance in connection with five residential mortgage securitizations sponsored by Residential Funding Company LLC (RFC) in asserting claims against RFC for fraud and breach of contract arising out of MBIA's insurance for these securitizations
• Bank of America NA in an action in the Southern District of New York to hold a NorthStar Realty Finance Corp. subsidiary to an interest rate swap agreement tied to a $550 million collateralized debt obligation transaction
• UBS in connection with claims for fraudulent inducement, fraudulent conveyance and breach of contract against Highland Capital Management, L.P. and several investment funds that Highland manages arising out of the restructuring of a warehouse financing facility that UBS provided to Highland and its affiliates in connection with a CLO squared securitization that Highland sought to sponsor

We believe that our continued strength lies in ensuring that we attract, retain, and nurture the very best talent from all backgrounds, and we expect the future complexion of Cadwalader, Wickersham & Taft LLP will, with each passing year, more closely reflect the global community that we serve. 

Cadwalader has worked diligently to promote an inclusive work environment and, over the years, has developed many initiatives to fit our unique goals and challenges on issues of diversity and inclusion.  With the creation of the Cadwalader Center for Diversity & Inclusion (CCDI), a central resource for the firm’s diversity programs, initiatives and policies, we aim to improve upon our successes and follow through on our promise to weave diversity and inclusion principles into the fabric of our culture. 

The mission of the CCDI is to enhance gender, racial/ethnic, and LGBT diversity and inclusion within the firm to create an unrivalled environment that attracts, retains and promotes the best and brightest talent available to serve our clients. Governed by the Global Diversity Committee, chaired by Patrick T. Quinn, Managing Partner, the CCDI is a vehicle to support the work we currently perform, to reinforce our dedication to that work, to recognize outstanding effort and to communicate - to each other and to the clients we serve - our longstanding commitment to diversity and inclusion.

Recent Programs & Events

The Cadwalader Center for Diversity and Inclusion hosts programs and events throughout the year that are designed to increase cultural competence, celebrate history and heritage and educate attorneys on how to work effectively on diverse teams.

From Megan’s Law to Bernie Madoff: A Conversation with Judge Chin

- July 23, 2015

The Cadwalader Asian Pacific American Attorney Resource Group hosted a conversation with the Honorable Denny Chin, United States Circuit Judge for the Second Circuit.  During the interactive conversation, Judge Chin discussed his experiences as a federal judge and his path to the bench. Attendees had the opportunity to network and speak with Judge Chin during the cocktail reception that followed.

The Fight for Marriage Equality in the Supreme Court

- June 9, 2015

The Cadwalader LGBT Network and the Gay & Lesbian Advocates & Defenders (GLAD) hosted a Pride Month event, The Fight for Marriage Equality in the Supreme Court, featuring Mary Bonauto, GLAD’s Civil Rights Project Director and Janson Wu, GLAD’s Executive Director. During the presentation Mary discussed her experience arguing before the U.S. Supreme Court for marriage equality and Janson discussed the future of the LGBT rights movement.

Justice Denied: Wards Cove Packing Co. v. Atonio

- May 12, 2015

Members of the Asian American Bar Association of New York, including Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit presented a case reenactment of Wards Cove Packing Co. v. Atonio, a landmark employment discrimination case. The presentation told the story of the Wards Cove workers through narration, reenactment of court proceedings, and historic photographs. To view the performance, click here.

The Partner Track

- May 5, 2015

The Cadwalader Asian Pacific American Attorney Resource Group and the Women’s Leadership Initiative co-hosted a panel discussion with Cadwalader Partners, Ingrid Bagby, Kathy Chin and Athena Eastwood, focusing on their career experiences and paths to partnership. The panel was moderated by Helen Wan, author of The Partner Track, a fictional story about a young Asian-American corporate associate up for partner at her New York law firm.

“From Selma to Ferguson to Today: Why Civil Rights Matter,” featuring Professor Charles Ogletree, Harvard Law School

- April 29, 2015

The Cadwalader Black and Latino Association hosted a conversation with Charles Ogletree, Harvard Law School Jesse Climenko Professor of Law, and Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice.  The conversation was followed by a cocktail reception where attorneys had the opportunity to network  and speak with Professor Ogletree.

The Art of Building Business Relationships and Executive Presence

- March 25, 2015

The Women’s Leadership Initiative and Diane Darling, Founder of the Darling Institute, hosted a workshop on building business relationships and executive presence.  This interactive presentation explored how professionals at all stages of their career can integrate networking and relationship-building into their everyday lives. 

WLI London Client Event: “Walking the Nile” by Levison Wood

– March 12, 2015

The Women’s Leadership Initiative hosted a special evening at our London office with Levison Wood, explorer, writer, and photographer. Formerly an officer in the British Parachute Regiment, Wood has led pioneering journeys into undiscovered regions, travelling to more than 80 countries. His nine-month walk along the length of the Nile, from source to sea, is chronicled in a recent Channel 4 documentary. During the presentation Wood described the amazing people, breathtaking places and shocking sights he encountered on his ground-breaking expedition.