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  • 'Reverse Payments' Shot Down in Third Circuit | Antitrust Column & Publications | Cahill Gordon & Reindel LLP
    Advisory First Amendment Media Litigation Insurance and Reinsurance Litigation Securities Litigation White Collar Defense Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Antitrust Column Publications Reverse Payments Shot Down in Third Circuit Date 08 29 12 Source The New York Law Journal Reprinted with permission Declining to follow a decade long line of appellate decisions the U S Court of Appeals for the Third Circuit ruled that the settlement of a patent infringement dispute between rival drug makers that involved a payment to the alleged infringer likely violated antitrust laws The Third Circuit also decided that health care providers lacked standing to bring federal antitrust claims against a hypodermic products supplier because they bought the products from distributors who had the

    Original URL path: http://www.cahill.com/publications/antitrust-monthly-column/000114 (2016-02-13)
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  • Resale Price Maintenance Examined Under State Laws | Antitrust Column & Publications | Cahill Gordon & Reindel LLP
    for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Antitrust Column Publications Resale Price Maintenance Examined Under State Laws Date 05 17 12 Source The New York Law Journal Reprinted with permission The Supreme Court of Kansas ruled that unlike a recently reconsidered interpretation of federal law resale price maintenance agreements are per se illegal under that state s antitrust laws while a New York appellate court decided that such agreements are not illegal under a New York statute that makes them unenforceable The U S Court of Appeals for the Eleventh Circuit reaffirmed its prior rulings that the settlement of a patent infringement dispute between rival drug makers could not violate antitrust laws unless it exceeded the scope of the patent Other antitrust developments of note included the U S Court of Appeals

    Original URL path: http://www.cahill.com/publications/antitrust-monthly-column/000112 (2016-02-13)
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  • The Justice Department Challenges Morgan Stanley: The Antitrust Risks of Arranging Derivatives | Antitrust Column & Publications | Cahill Gordon & Reindel LLP
    Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Antitrust Column Publications The Justice Department Challenges Morgan Stanley The Antitrust Risks of Arranging Derivatives Date 05 07 12 Source The Exchange The Insurance and Financial Services Committee Newsletter American Bar Association Section of Antitrust Law Spring 2012 The recent enforcement action brought by the Department of Justice DOJ against Morgan Stanley raises novel questions about when a derivative agreement may violate antitrust laws and when a bank or broker involved in arranging the derivative s may be liable Derivatives are contracts whose value depend on or are derived from the value of an underlying asset In this case Morgan Stanley signed contracts whose value depended on the price for electrical generating capacity in the New York City market Morgan Stanley signed two separate contracts each with a

    Original URL path: http://www.cahill.com/publications/antitrust-monthly-column/000111 (2016-02-13)
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  • On Ethics | Published Articles | Cahill Gordon & Reindel LLP
    Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Published Articles On Ethics Date 04

    Original URL path: http://www.cahill.com/publications/published-articles/00129 (2016-02-13)
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  • Pleading Fraud With Particularity | Published Articles | Cahill Gordon & Reindel LLP
    News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Published Articles Pleading Fraud With Particularity Date 07 14 14 Source The New York Law Journal Reprinted with permission Widespread losses suffered by many investors during the financial crisis have spawned more than a few fraud claims based upon broadly alleged misconduct affecting many investments or transactions and even entire lines of business Complaints have sought to portray defendants as rife with fraud and invite an inference that plaintiff s losses are an inescapable part of that portrait The loosely proffered connection to the plaintiff s own loss however has in turn led defendants to argue that such widespread claims lack a particular connection to the plaintiff s investment even if they are assumed to be true Under Federal Rule of Civil Procedure 9 b plaintiffs must

    Original URL path: http://www.cahill.com/publications/published-articles/00121 (2016-02-13)
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  • Bridging the Credibility Gap: Why Lenders Insist Distressed Borrowers Hire CROs | Published Articles | Cahill Gordon & Reindel LLP
    Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Published Articles Bridging the Credibility Gap Why Lenders Insist Distressed Borrowers Hire CROs Date 02 06 14 Source Turnaround Management Association

    Original URL path: http://www.cahill.com/publications/published-articles/00119 (2016-02-13)
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  • Prepayment Premiums and Make-Whole Payments (Part 2) | Published Articles | Cahill Gordon & Reindel LLP
    Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Published Articles Prepayment Premiums and Make Whole Payments Part 2 Date 12 04 13 Source The Bankruptcy Strategist Vol 31 Number 2 November 2013 Last month we discussed prepayment premiums

    Original URL path: http://www.cahill.com/publications/published-articles/00118 (2016-02-13)
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  • Prepayment Premiums and Make-Whole Payments | Published Articles | Cahill Gordon & Reindel LLP
    and Reinsurance Litigation Securities Litigation White Collar Defense Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Recent News Legal News Firm News Rankings Recognition Speaking Engagements Recent Press Diversity and Inclusion Diversity and Inclusion Committee Women s Initiatives Committee Diversity and Inclusion Initiatives Community Outreach Careers Law Students Experienced Attorneys Navigation Firm Professionals Practices Publications Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications News Diversity and Inclusion Careers Contact Alumni Recent Publications Firm Memoranda Antitrust Column Publications Published Articles Sign up for Publications Published Articles Prepayment Premiums and Make Whole Payments Date 11 06 13 Source The Bankruptcy Strategist Vol 31 November 2013 Many loan agreements include clauses that permit borrowers to repay debt prior to the maturity date only if they make additional payments that are typically referred to as prepayment premiums or make whole payments The purpose of such prepayment premiums is to compensate lenders for what would otherwise be the loss of their bargained for yields for the scheduled lives of their loans Prepayment premiums are usually either based on a fixed fee such as a percentage of the principal balance at the time of

    Original URL path: http://www.cahill.com/publications/published-articles/00117 (2016-02-13)
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