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Article

Cadwalader Wickersham & Taft LLP | USA | 17 May 2019

Side Letters: A Round-Up of Common Issues for Lenders

A side letter is an agreement between an investor and a fund that alters the terms of the investor’s investment in the fund (i) by superseding some

Article

Cadwalader Wickersham & Taft LLP | Global | 1 Jun 2018

The Basel Committee and IOSCO Issue Criteria to Identify “Simple, Transparent and Comparable” Short-Term Securitisations

On 14 May 2018, the Basel Committee on Banking Supervision (the "Basel Committee") and the Board of the International Organization of Securities

Article

Cadwalader Wickersham & Taft LLP | USA | 26 Apr 2018

Choose One: Best Interest or Full Service

On April 18, the SEC approved the publication of three releases (the "Releases") proposing new regulatory requirements that are intended to expand and

Article

Cadwalader Wickersham & Taft LLP | USA | 14 Apr 2016

Current Structuring May Not Shield Private Equity Firms from ERISA Liabilities

On March 28, 2016, the U.S. District Court for the District of Massachusetts held that two private equity funds within Sun Capital were jointly and

Article

Cadwalader Wickersham & Taft LLP | USA | 28 Oct 2013

Master Asset Vehicle II: Redemption Unwind process

On October 2, 2013, after a multi-year implementation process, amendments to the transaction documents of Master Asset Vehicle II ("MAV II") and

Article

Cadwalader Wickersham & Taft LLP | USA | 28 Aug 2013

Sun Capital Partners decision expands the risk to private equity funds of incurring portfolio company pension liabilities

The First Circuit recently held that, in some cases, a private equity fund could be found to engage in a “trade or business,” and therefore be subject

Article

Cadwalader Wickersham & Taft LLP | USA | 26 Feb 2013

DOL provides important ERISA guidance regarding cleared swaps

On February 7, 2013, the U.S. Department of Labor (the "DOL") issued an advisory opinion 1 concerning the application of the fiduciary

Article

Cadwalader Wickersham & Taft LLP | USA | 8 Jan 2013

U.S. Department of Labor proposes new criteria for which entities would qualify as “rating agencies” in connection with the underwriter exemptions

On December 28, 2012, the U.S. Department of Labor (the “DOL”) published a proposed amendment to the so-called “Underwriter Exemptions,” which provide

Article

Cadwalader Wickersham & Taft LLP | USA | 31 Aug 2010

The DOL adopts amendment to prohibited transaction Exemption 84-14

On July 6, 2010 the DOL published in final form an Amendment (the "Amendment") to the QPAM Exemption (as amended, the "Amended Exemption") to permit a QPAM to utilize the relief provided by the exemption with respect to an employee benefit plan sponsored by the QPAM or any of the QPAM's affiliates.

Article

Cadwalader Wickersham & Taft LLP | USA | 31 Aug 2010

The DOL adopts Interim Final Regulation under ERISA Section 408(b)(2) relating to service provider fee disclosures

On July 16, 2010 the DOL published an interim final regulation (the "Interim Final Regulation") (75 FR 41599) clarifying that a certain level of disclosure with respect to compensation and potential conflicts of interest is necessary in order for a plan fiduciary to determine that a contract or arrangement for services by a party in interest to a plan is "reasonable."

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