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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."

Article

Cadwalader Wickersham & Taft LLP | USA | 16 Oct 2008

The DOL issues final rule under ERISA Section 408(b)(19) statutory exemption for cross-trading of securities

On October 7, 2008, the Department of Labor (“DOL”) published a final rule implementing content requirements for disclosure required under the cross-trading exemption in Section 408(b)(19) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).

Article

Cadwalader Wickersham & Taft LLP | USA | 31 May 2008

Mandatory subordination of claims under Section 510(b): three new Delaware decisions

Section 510(b) of the Bankruptcy Code provides that claims for “damages arising from the purchase or sale of . . . a security” of the debtor or an affiliate of the debtor are subordinated to any claims not based on stock.

Article

Cadwalader Wickersham & Taft LLP | USA | 15 Jan 2008

The DOL’s proposed amendment to regulation under ERISA Section 408(b)(2) relating to service provider fee disclosures

Section 406(a)(1)(C) of the Employee Retirement Income Security Act of 1974, as amended (ERISA), prohibits the furnishing of services between an ERISA plan and a party in interest to the plan, such as someone who is already a service provider or an affiliate thereof, unless there is an applicable exemption.

Article

Cadwalader Wickersham & Taft LLP | USA | 14 Jan 2008

Cadwalader successfully concludes cases

Cadwalader’s Litigation Department recently secured summary judgment for Pfizer and Pharmacia and a settlement for Bear, Stearns & Co. that entailed a positive result for the client.

Article

Cadwalader Wickersham & Taft LLP | USA | 21 Sep 2007

Margin payments are reclaimed through avoidance action: new duties imposed regarding brokerage firm’s obligation to investigate account party

While the Bankruptcy Code’s safe harbor provision in section 546(e) previously provided comfort for brokerdealers, the Bankruptcy Court’s decision in Gredd v. Bear, Stearns Securities Corp. (In re Manhattan Investment Fund, Ltd.), 359 B.R. 510 (Bankr. S.D.N.Y. 2007), chips away at this provision and creates new risks for those providing brokerage account services.

Article

Cadwalader Wickersham & Taft LLP | USA | 5 Dec 2006

2006 securities litigation wins continue

Cadwalader’s Securities Litigation Group continued a long-standing series of victories, winning dismissals in several cases in 2006.

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