Cadwalader, Wickersham & Taft LLP

M&A Update: IRS Mulls Change to Spinoff Rules

In a statement that would mark a stark change in approach, an IRS official recently indicated that the IRS may begin requiring that companies seeking to effect tax-free spinoffs conduct active businesses that represent a minimum…more
| Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions, Real Estate - Commercial, Taxation

Supreme Court Holds That Orders Denying Plan Confirmation Are Not Final for Appellate Purposes

On May 4, 2015, a unanimous United States Supreme Court in Bullard v. Blue Hills, 135 S. Ct. 1686 (2015), resolved a long-standing circuit court split by holding that a bankruptcy court’s order denying confirmation of a debtor’s…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

CFTC Issues Proposed Order to Exempt Certain SPP Transactions from Regulation Under Most Provisions of the CEA and CFTC Rules

On May 19, 2015, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued an order in response to an application from Southwest Power Pool, Inc. (“SPP”) proposing to exempt three categories of SPP transactions…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Such a fact pattern does not a $5 million penalty make

Or so says one dissenting FERC Commissioner in the recent Maxim Power enforcement proceeding. On May 1, 2015, FERC issued an order assessing civil penalties (the “Order”) of $5 million against Maxim Power Corporation and its…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities

A Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits

On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois…more
| Bankruptcy, Civil Procedure, Constitutional Law, Labor & Employment Law, Finance & Banking

Crowley Executive Acquittal in Price Fixing Trial Highlights Importance of Evaluating Legitimate Defenses and Avoiding Costly Plea Agreements

A federal jury’s recent acquittal of a shipping company executive charged with price fixing highlights the challenges and uncertainties the Antitrust Division of the Department of Justice (“DOJ”) faces when defendants force DOJ…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, International Law & Trade, Maritime Law

M&A Update: Delaware Supreme Court Issues Important Ruling Protecting Independent Directors

On May 14, 2015, the Delaware Supreme Court ruled that claims against independent directors must be dismissed when a company charter provision shields directors from monetary liability for breach of the duty of care and the…more
| Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions, Business Torts, Securities Law

Revisions to the Securitisation Framework: Final Rules published by the Basel Committee

The Basel Committee on Banking Supervision (the “Basel Committee”) has published the revised securitisation framework setting out the standards for regulatory capital requirements for securitisation exposures held in the banking…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Recent Court and Agency Actions Suggest Increased Antitrust Risk Over Disgorgement, Particularly in the Pharmaceutical Industry

Recent court and agency rulings highlight important takeaways involving disgorgement in antitrust proceedings. Companies, especially those in the pharmaceutical industry, increasingly should ensure they properly calibrate the…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Health, Science, Computers, & Technology

What Did April Bring?: FERC Extends Out-of-Market Reliability Measures but Wants Market-Based Solutions

The Federal Energy Regulatory Commission (“FERC”) recently published two orders that approved capacity and reliability measures for the Independent System Operator New England Inc. (“ISO-NE”) and the New York Independent System…more
| Commercial Law & Contracts, Energy & Utilities

SEC Proposes Title VII Regulatory Framework for Non-US Dealers Transacting in the United States

The U.S. Securities and Exchange Commission (the “SEC”) reproposed rules addressing the application of certain requirements under Title VII of the Dodd-Frank Act (the “Reproposal”) to non-U.S. persons dealing in security-based…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Final Regulations on Section 162(m) Deduction Limit Exceptions

New final regulations(the “Final Regulations”) have been issued clarifying and altering the “qualified performance-based compensation” exception and the transitional “reliance period” exception for newly public companies to the…more
| Business Organizations, Commercial Law & Contracts, Securities Law, Taxation

Supreme Court’s Holding in Oneok v. Learjet Could Lead to New Risks for Market Participants

On April 21, 2015, the Supreme Court decided Oneok v. Learjet, holding that “Respondents’ state-law antitrust claims are not within the field of matters pre-empted by the Natural Gas Act” even though the claimed violations…more
| Antitrust & Trade Regulation, Civil Procedure, Conflict of Laws, Energy & Utilities, Consumer Protection

A Signal of Things to Come? New CME Rule 512 Reflects Modified Stance for Violations of Futures and Options Reporting Requirements

On March 24, 2015, the CME Group, Inc. (“CME”) announced a proposed amendment to Rule 512 indicating that it will impose a minimum fine of $1,000 for repeat violations of its exchanges’ reporting rules for futures and options…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Department of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace Prosecution

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…more
| Antitrust & Trade Regulation, Communications & Media Law, Criminal Law, Consumer Protection, Science, Computers, & Technology
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Contact

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

Contact: Claudia Freeman

  • 212 504 6000
  • 212 504 6666

Areas of Practice
  • Alternative Dispute Resolution (ADR)
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Number of Attorneys

400+ Attorneys

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