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Article

Cadwalader Wickersham & Taft LLP | USA | 5 Apr 2018

A Crack in the Armor: Fifth Circuit Court of Appeals Gives Green Light to Enjoining Medicare Recoupments Pending Provider’s Long-Delayed Administrative Appeal

In an important break with the majority of case precedents, the United States Court of Appeals for the Fifth Circuit, reversing the District Court

Article

Cadwalader Wickersham & Taft LLP | USA | 29 Mar 2018

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

Article

Cadwalader Wickersham & Taft LLP | USA | 12 Feb 2018

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

Article

Cadwalader Wickersham & Taft LLP | USA | 26 Jun 2015

A layman’s guide to LLC incentive compensation

This outline examines the U.S. tax consequences surrounding the use of equity based compensation by partnerships and limited liability companies

Article

Cadwalader Wickersham & Taft LLP | USA | 16 Aug 2012

Finding that underlying development agreement was terminated, Delaware Bankruptcy Court disallows claim for rejection damages

On July 9, 2012, Judge Mary F. Walrath of the Bankruptcy Court for the District of Delaware disallowed a claim for rejection damages related to a real estate development agreement, because the claim had been released upon the termination of an LLC Agreement, and the underlying ground lease never came into existence.

Article

Cadwalader Wickersham & Taft LLP | USA | 12 Oct 2011

Preservation of claims post-confirmation: uncertainty remains in the Fifth Circuit

On July 22, 2011, Bankruptcy Judge Craig A. Gargotta of the United States Bankruptcy Court for the Western District of Texas, held that the reasonable expectations of a creditor should determine whether a plan of reorganization effectively preserves claims post-confirmation.

Article

Cadwalader Wickersham & Taft LLP | USA | 16 Mar 2011

New York State Supreme Court upholds springing guaranty in granting summary judgment

On March 8, 2011, in a decision enforcing a springing guaranty in a commercial real estate loan, the Supreme Court of the State of New York granted a motion for summary judgment in lieu of complaint pursuant to CPLR 3213.

Article

Cadwalader Wickersham & Taft LLP | USA | 16 Aug 2010

Alliance One and Universal Corp settle DOJ, SEC charges; former country manager of Alliance One pleads guilty

On August 6, 2010, two subsidiaries of Alliance One International ("Alliance One") and a subsidiary of Universal Corporation ("Universal") agreed to plead guilty to FCPA-related criminal charges while the parent entities entered into non-prosecution agreements with the Department of Justice and settled charges filed by the Securities & Exchange Commission.

Article

Cadwalader Wickersham & Taft LLP | USA | 15 Jun 2010

Philly news: Third Circuit upholds bidding procedures denying lenders opportunity to credit bid

The Third Circuit Court of Appeals recently affirmed the District Court's ruling in In re Philadelphia Newspapers, LLC.

Article

Cadwalader Wickersham & Taft LLP | USA | 29 Jun 2009

FBAR filing requirements for owners of foreign accounts, hedge fund investors, hedge fund managers, and financial institutions; June 30, 2009 filing deadline extended for certain filers

The Bank Secrecy Act of 1970 authorizes the Secretary of the Treasury to establish recordkeeping and filing requirements for United States persons with financial interests in, or signature authority or other authority over, foreign financial accounts.

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