The SEC’s Final Climate Disclosure Rule
LawWise
In this episode of the LawWise podcast, Cadwalader’s Jason Halper and Timbre Shriver discuss key components of the SEC’s final climate disclosure rule and what’s changed in the two years and 24,000 comments since it was first proposed. Key discussion points include: Primary requirements of the rule, including climate risk, board oversight, risk management, and transition plan disclosure; A new safe harbor provision for forward looking statements; Changes to emissions disclosure requirements from the proposed rule; and Legal and political challenges.
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Unlocking Sustainability-Linked Loans
LawWise
Since the publication of the original sustainability-linked loans (SLL) principles and guidance by the Loan Market Association (LMA) and Loan Syndications and Trading Association (LSTA), there has been a significant increase in volumes of sustainability-linked financing. Lenders and borrowers have used the credibility and flexibility of this loan product to respond to the changing financial landscape and stakeholder demands, whilst developing their sustainability strategies and policies. The LMA and LSTA are set to release revised SLLPs this and are also planning to release a set of...
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Veterans Day 2022: The Power of Service
LawWise
Cadwalader special counsel Francisco Linares, chair of the firm’s Veterans Network, hosts a special Veterans Day episode of the LawWise Podcast featuring partners Joe Beach and David Burkholder. The three discuss their experiences in the service, the life lessons they learned, and much more.
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Tax Aspects of CRE CLO Transactions
LawWise
In this episode of Cadwalader’s podcast series, Tax partners Mark Howe and Gary Silverstein are joined by Eric Wempen, Head of Tax at Benefit Street Partners, to discuss the tax aspects of CRE CLO transactions, including: What are CRE CLOs and what do tax professionals care about?; Structuring considerations to benefit both U.S. investors (taxable and tax-exempt) and non-U.S. investors; REITs vs REMICs; and Tax modeling.
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Corporate Internal Investigations in Brazil
LawWise
Cadwalader’s Duncan Grieve is joined by Ludmila Groch of the Brazilian law firm to discuss critical considerations for companies conducting internal investigations in Brazil. Key discussion points include: Good practices for protecting evidence and ensuring the integrity of the investigation Challenges for international clients in understanding the Brazilian regulatory landscape and multiple enforcement authorities Recent legislative and enforcement developments Additional Resources:
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In Celebration of Veterans Day 2021
LawWise
In this episode of the LawWise podcast, Cadwalader’s Joshua Martinez and Douglas Chiu are joined by LTC Michael Evans of JPMorgan Chase and LTC Raúl Sanchez of Morgan Stanley to host a special Veterans Day episode of the LawWise Podcast.
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Leadership Conversations – Allied Through Adversity, with Thomson Reuters’ Thomas Kim
LawWise
In this “Leadership Conversation,” Mark Grider, head of Cadwalader’s Crisis Management and Congressional Investigations practice and the former U.S. Deputy Associate Attorney General, is joined by Thomas Kim, Chief Legal Officer and Company Secretary at Thomson Reuters.
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Capping Off Pride Month 2021
LawWise
In this episode of the LawWise podcast, litigation partners Jared Stanisci and Anne Tompkins discuss some recent Cadwalader pro bono work and LGBTQ affinity network initiatives, recap the firm’s Pride Month events and more.
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The Legacy of Brazil’s ‘Car Wash’ Investigation: Implications for Global Anti-Corruption Enforcement
LawWise
In this episode of the LawWise podcast, Cadwalader’s Duncan Grieve is joined by Alexandre Aroeira Salles and Francisco De Melo Franco Ferreira of the Brazilian law firm Aroeira Salles Advogados to discuss the legacy of the “Car Wash” investigation and how Brazil fits into the increasingly global landscape of white-collar crime enforcement.
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What Does 2021 Hold for the CLO Market?
LawWise
In this episode of the LawWise podcast, Cadwalader CLO thought leaders Joseph Beach and Neil Weidner are joined by Adnan Zuberi, Co-Head of Asset Finance and Securitization Origination for the Americas and Global Head of CLOs at BNP Paribas, to forecast key trends in the market for 2021.
info_outlineIn the inaugural episode of Cadwalader's LawWise podcast, partners Doug Gansler and Rachel Rodman are joined by Ben Wiseman, Director, Office of Consumer Protection at the Office of the Attorney General for the District of Columbia, to discuss the “true lender” doctrine, the Madden decision, and potential regulatory and enforcement considerations for online lenders.
In response to the rise of online and marketplace lending, consumers and government agencies have challenged the authority of these companies to collect interest at rates that exceed state law usury limits. These challenges typically raise two issues. First, who is the “true lender” of the loan—the bank, with whom the online lender partners and is permitted to export its home state rate of interest, or the online lender? Second, will the court follow the Second Circuit’s decision in Madden v. Midland Funding, LLC? In Madden, the court held that the application of state usury laws to third-party assignees (such as online lenders) is not preempted by the National Bank Act, but rather such assignees remain subject to state usury limits.
As the former Attorney General of Maryland, Doug provides background on these issues from a State AG perspective. Rachel, a former senior official at the Consumer Financial Protection Bureau, outlines the role of the CFPB in these enforcement matters.