Cadwalader, Wickersham & Taft LLP

One World Financial Center
New York, NY 10281, United States

Contact: Claudia Freeman

  • 212 504 6000
  • 212 504 6666

Finally Certainty About Licensing SPVs Under the FCA Consumer Credit Regime

From 1 April 2014, responsibility for the regulation of consumer credit in the UK was transferred from the Office of Fair Trading (“OFT”) to the Financial Conduct Authority (“FCA”), drawing certain activities relating to…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Consumer Protection

REMIT Draft Implementing Acts Further Define Data Reporting Obligations

On 8 July 2014, the European Commission’s DG Energy published an updated draft of the implementing acts on data reporting under the Regulation on Wholesale Energy Market Integrity and Transparency (“REMIT”)…more
| Commercial Law & Contracts, Energy & Utilities, International Law & Trade

Recent UK Proposals Emphasise Importance of REMIT Compliance for Energy Firms

Two recent actions demonstrate the United Kingdom’s (“UK”) continuing commitment to enforcing the European energy laws and the need for vigorous compliance efforts by market participants. Last month, the Office of Gas and…more
| Commercial Law & Contracts, Criminal Law, Energy & Utilities, Finance & Banking

Gloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation

On August 5, 2014, the Federal Energy Regulatory Commission ("FERC") issued a public Staff Notice of Alleged Violations ("NAV") regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the…more
| Energy & Utilities

More FERC Federalism: D.C. Circuit Affirms FERC’s Jurisdiction Again – New England Power Generators Ass’n v. FERC

On July 8, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the petition for review filed by New England Power Generators Association, Inc. and other market participants’ over four Federal…more
| Administrative Law, Civil Procedure, Energy & Utilities

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Energy & Utilities

M&A Update | Inversions: The View from Ireland

On June 25, 2014, Ireland’s Taoiseach (Prime Minister) Enda Kenny and Minister for Finance Michael Noonan, among others, met with Cadwalader Chairman-elect and Corporate Group Co-Chair James C. Woolery in Dublin regarding…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Taxation

Halliburton Co. v. Erica P. John Fund, Inc.: The Court Retains Basic, But Permits Defendants To Rebut Price Impact At Class Certification

On June 23, 2014, the Supreme Court issued its long anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, 2014 WL 2807181 (June 23, 2014). The Court declined to overturn the 25 year-old decision in…more
| Civil Procedure, Business Torts, Securities Law

ACER 2014 REMIT Report Confirms Continued Inquiries into Market Conduct

ACER calls for substantial funding increase to enable more aggressive monitoring and enforcement efforts in coordination with national regulators. On Tuesday 10 June 2014, the Agency for the Cooperation of Energy…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, Business Torts, International Law & Trade

Impact of the New PRC Cross-Border Security Regulations on Debt Financing

On May 12, 2014, the State Administration of Foreign Exchange (“SAFE”) of the People’s Republic of China (the “PRC”) issued a notice on the Issuance of Administration Rules of Foreign Exchange on Cross-border Security (the…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

An Exceptional Decision: The ITC Stays Cease and Desist Orders Issued in the Dental Position Adjustment Appliances Investigation

On June 11, 2014, the U.S. International Trade Commission ordered the stay of its own cease and desist orders previously entered against ClearCorrect Operating, LLC (CCUS) and ClearCorrect Pakistan (Private), Ltd. (CCPK)…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade

Update Regarding D.C. Circuit’s Demand Response Ruling

Electric Power Supply Ass'n v. FERC - On June 11, 2014, FERC announced that it will seek en banc review of the D.C. Circuit’s May 23, 2014 decision striking down Order No. 745, FERC’s demand response regulation. In…more
| Administrative Law, Civil Procedure, Energy & Utilities

EPA Proposes First Carbon Emissions Limits for Power Plants

On June 2, 2014, the U.S. Environmental Protection Agency announced its Clean Power Plan, which would impose the first federal limits on carbon-dioxide (CO2) emissions from power plants in the United States…more
| Elections & Politics, Energy & Utilities, Environmental Law

D.C. Circuit Vacates FERC’s Wholesale Demand Response Compensation Rule Because It "Goes Too Far"

Introduction - On May 23, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), in a 2-1 decision, vacated in its entirety and remanded Order No. 745 of the Federal Energy Regulatory…more
| Administrative Law, Civil Procedure, Energy & Utilities

M&A Update: Senator Levin Introduces Anti-Inversion Act

On May 20, 2014, Sen. Carl Levin (D-MI) introduced the Stop Corporate Inversions Act of 2014 (the “Levin Bill”), which proposes significantly more stringent limits on the ability of U.S. companies to relocate outside the U.S…more
| Commercial Law & Contracts, Mergers & Acquisitions, International Law & Trade, Taxation
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