Veterans Day 2022: The Power of Service

The SEC’s Final Climate Disclosure Rule

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.

Unlocking Sustainability-Linked Loans

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 standardised model terms for SLLs in facility agreements that will play a crucial role in providing structure, consistency and guidance to the growing SLL market.

In this podcast, the hugely important loan product is discussed by our Financial Services partner, Sukhvir Basran, who is joined by Tess Virmani of the LSTA and Gemma Lawrence-Pardew of the LMA. We hope you find this discussion as insightful as those who attended the session in our London office. We are always happy to answer any questions you may have on the topic.

Veterans Day 2022: The Power of Service

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. 

Tax Aspects of CRE CLO Transactions

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:

1. What are CRE CLOs and what do tax professionals care about?;
2. Structuring considerations to benefit both U.S. investors (taxable and tax-exempt) and non-U.S. investors;
3. REITs vs REMICs; and
4. Tax modeling.

Corporate Internal Investigations in Brazil

Cadwalader’s Duncan Grieve is joined by Ludmila Groch of the Brazilian law firm Lefosse 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:

• Podcast - The Legacy of Brazil's 'Car Wash' Investigation: Implications for Global Anti-Corruption Enforcement