Cadwalader, Wickersham & Taft LLP

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200 Liberty Street
New York, NY 10281, United States
Contact: Kara Fitzsimmons
Phone: 212 504 6000
Fax: 212 504 6666
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Mergers & Acquisitions
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • D.C.
  • New York
  • North Carolina
  • Texas
Other Countries
  • Belgium
  • China
  • Hong Kong
  • United Kingdom
Number of Attorneys
400+ Attorneys

Delaware Chancery Court Finds Elon Musk May Be Controlling Stockholder of Tesla Motors

On March 28, 2018, in In re Tesla Motors, Inc. Stockholder Litigation, the Delaware Court of Chancery denied a motion to dismiss a lawsuit brought by stockholders of Tesla Motors, Inc. (“Tesla” or the “Company”)…more
 /  Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Business Torts, Securities Law

Marketplace Lending Update #2: Another Rocky Mountain Remand

In our prior Clients & Friends Memo “Who’s My Lender?” published on March 14, 2018, we analyzed two actions brought against marketplace lenders, one against Kabbage Inc. (“Kabbage”) in federal court in Massachusetts and the…more
 /  Communications & Media Law, Finance & Banking

English Court of Appeal Decision in Significant Test Case: Property Alliance Group v Royal Bank of Scotland

On 2 March 2018, the Court of Appeal handed down its highly-anticipated judgment in Property Alliance Group (“PAG”) v Royal Bank of Scotland (“RBS”), dismissing all of PAG’s grounds of appeal and overturning a finding of…more
 /  Commercial Law & Contracts, Finance & Banking, Securities Law

M&A Update: A Trio of Recent Delaware Decisions Discount Deal Price In Appraisal Litigation

In a trio of recent appraisal decisions, Delaware courts declined to use the deal price as the best evidence of fair value, instead using discounted cash flow analyses (“DCF”) and the unaffected market price to determine fair…more
 /  Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

Under Advisement: SEC Scrutinizes Wealth Management Industry

Recent events have made it clear that there is an increased regulatory focus on the conduct of investment professionals in the wealth-management industry…more
 /  Commercial Law & Contracts, Securities Law

Health Care Investors Beware: U.S. Attorney Sues Private Equity Firm For Portfolio Company’s Alleged Billing Fraud

The U.S. Attorney for the Southern District of Florida has recently decided to intervene in a lawsuit brought under the Federal False Claims Act and initiated by a whistleblower. The U.S. Attorney has filed his own…more
 /  Commercial Law & Contracts, Government Contracting, Health, Securities Law

FERC Addresses Effects of Tax Cuts on Jurisdictional Rates and Disallows Income Tax Component in MLP-Owned Partnership Pipeline Cost-of-Service Rates

On March 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued an order on remand disallowing an income tax component in cost-of-service rates charged by an interstate oil pipeline owned by a master limited…more
 /  Energy & Utilities

Marketplace Lending Update: Who’s My Lender?

Over the last several weeks, two notable cases in federal court challenging certain aspects of the business model of marketplace lending companies headed down separate paths…more
 /  Alternative Dispute Resolution (ADR), Communications & Media Law, Finance & Banking

Revisions Proposed to the UK Corporate Governance Code: An Overview and Comparison with Aspects of US Corporate Governance

In December 2017, the UK Financial Reporting Council (the “FRC”) proposed revisions to the UK Corporate Governance Code. These revisions will impact companies with a Premium Listing of equity shares in the UK, which are required…more
 /  Commercial Law & Contracts, Finance & Banking

High Court Decision Confirms the Availability of the Protection of Litigation Privilege in the Context of Internal Investigations

In a recent decision, the Chancellor of the High Court in Bilta v RBS confirmed that in certain circumstances litigation privilege may protect from disclosure documents created in the context of an internal investigation. The…more
 /  Civil Procedure

Court of Appeals Decision: Managers of Open-Market CLOs Not Subject to Dodd-Frank Risk Retention

On February 9, 2018, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled in favor of the Loan Syndications and Trading Association (“LSTA”) in its lawsuit against the…more
 /  Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Contracting Party Beware: The Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights

On February 1, 2018, the Delaware Court of Chancery granted defendants’ motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC (“Trumpet” or the “Company”). The defendants were other unitholders that…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts, Business Torts, Securities Law

FTC Announces 2018 Thresholds for Merger Control Filings Under HSR Act and Interlocking Directorates Under the Clayton Act

The Federal Trade Commission (“FTC”) has announced its annual revisions to the dollar-jurisdictional thresholds in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”); the revised thresholds will…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Mergers & Acquisitions, Securities Law

2017 Year in Review: Securities Litigation and Regulation

The securities litigation and regulatory landscape in 2017 defies simple categorization. Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and an…more
 /  Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

M&A Update: Delaware Court of Chancery Enforces Oral Agreement to Settle Proxy Contest

In a December 8th decision (Sarissa Capital Domestic Fund LP, et. al. v. Innoviva, Inc.), the Delaware Court of Chancery ruled in favor of Sarissa Capital Domestic Fund LP and certain of its affiliates in concluding that Sarissa…more
 /  Commercial Law & Contracts, Mergers & Acquisitions, Securities Law
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