LawWise

In this second part of our LawWise podcast on real estate workouts and restructurings, real estate finance partner Steve Herman and special counsel Loren Taub examine the goals of borrowers and lenders in workouts and restructurings, potential remedies, and prenegotiation and forbearance agreements.

To learn more, please visit www.cadwalader.com/ref-news-views

Cadwalader partner David Burkholder and associate Robert Duncan host a special Veterans Day episode of the LawWise Podcast. David and Robert discuss why they joined the military initially, balancing service with a full-time career and much more.

In this LawWise podcast, real estate finance partner Steve Herman and special counsel Loren Taub take a look at the return of workouts and restructurings – a direct result of the coronavirus pandemic. Steve and Loren examine the steps that lenders and borrowers can take to effectively manage these transactions.

In this episode of the LawWise podcast, Cadwalader special counsel Bill Schaaf and Tiedemann Advisors' Managing Director Jim Bertles discuss year-end estate planning as it relates to the COVID-19 pandemic, the current state of the economy, and the upcoming U.S. elections.

Key discussion points include:

Outright gifts and gifts in trust

Utilizing dynasty trusts

Intra-family loans (new loans and refinancing existing loans)

Estate freeze strategies (installment sales to trusts, GRATs and CLATs)

Spousal lifetime access trusts

In this episode of the LawWise podcast, Cadwalader partners Jodi Avergun, Mark Beardsworth and Kevin Roberts, members of the firm's transatlantic White Collar Defense and Investigations practice, discuss regulatory and litigation risks for companies and individuals seeking to make investments in the U.S. and UK or lobbying the U.S. or UK government on behalf of foreign governments.

Key discussion points include:

The current legal climate as it pertains to foreign investment in the U.S. and UK

Foreign direct investment in the U.S. and UK

Foreign influence in the political process

In this episode of the LawWise podcast, Cadwalader partner Kyle DeYoung is joined by Michael Maloney, President of Credibility International and the former Chief Accountant of the Division of Enforcement for the U.S. Securities and Exchange Commission, to discuss what's happening on the SEC enforcement front as it relates to accounting and financial disclosures.

Key discussion points include:

• The impact of COVID-19 on financial disclosures
• Heightened scrutiny into material nonpublic information
• Enforcement investigation risks
• Trends and expectations for the future

In 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.

Welcome to Cadwalader's LawWise Podcast where our attorneys host industry leaders to discuss the latest legal trends shaping today's global marketplace. Subscribe for insights on a wide range of topics including financial regulation, litigation, consumer protection, securitization and more.

For more information, please visit cadwalader.com.