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RK&O attorneys Craig A. Newman and Eric S. Rosen author Fortune magazine article which explores when and how companies use the legal system to deal with anonymous online critics.
“Managing Litigation and Regulatory Risks in Loan Facility Restructurings” by Richards Kibbe & Orbe LLP partners Michael D. Mann and Craig A. Newman was published in the Bloomberg Law Report. In this article, Mr. Mann and Mr. Newman...
On June 1, 2010, Richards Kibbe & Orbe LLP celebrated its 20th anniversary. Partners Lee S. Richards, Jon Kibbe and William Q. Orbe founded the firm in 1990 with the goal of offering the highest quality legal service to the most interesting and demanding clients in the financial and business communities.
"Liquidity for Post-Reorganization Securities Under Section 1145 of the Bankruptcy Code" by Richards Kibbe & Orbe LLP partner Scott C. Budlong was published in the July 1, 2010 edition of The Hedge Fund Law Report. In this article, Mr. Budlong explores a statutory provision, Section 1145 of the U.S. Bankruptcy Code, that goes a long way toward answering a question...
Following the Supreme Court's decision that narrowed the scope of the honest services fraud statue, which previously aided in convicting both former Enron CEO Jeffrey Skilling and newspaper magnate Conrad Black on fraud charges, Richards Kibbe & Orbe LLP partner MaryJeanette Dee provided commentary to...
"Strict Foreclosure Offers Out-of-Court Alternative to 363 Sales," co-authored by Richards Kibbe & Orbe LLP attorneys Larry G. Halperin and Douglas R. Plante, was published in the June 2010 issue of The Journal of Corporate Renewal. The economic upheaval of recent years has focused renewed attention on various remedies secured lenders may exercise...
Richards Kibbe & Orbe LLP has been recognized in the 2010 edition of Chambers USA: America’s Leading Lawyers for Business. RK&O was named “highly regarded” firm in Litigation: General Commercial category, and also ranked within the Litigation: Specialist Firms in White-Collar Crime & Government Investigations grouping.
On June 12, 2010, Richards Kibbe & Orbe LLP partner Michael Friedman was quoted in The Daily Deal article "Equity's Turn: The Improving Economy Turns the Spotlight in Some Cases to Shareholders." As the economy begins to come out of recession, the article describes, equity committees have become increasingly vocal regarding recoveries due to them.
Richards Kibbe & Orbe LLP has been recognized as "one of the top firms in the country" for white-collar and regulatory work in The Legal 500 United States - 2010 Edition. RK&O's litigation practice is praised as being well integrated with the firm's transactional practice and those surveyed reported that the firm has built up a...
Richards Kibbe & Orbe LLP is proud to announce that Lee S. Richards has been included in the 2010 edition of The Best Lawyers in America® in the areas of Corporate Governance and Compliance Law and White-Collar Criminal Defense.
Holders of bank debt and bonds are increasingly being offered equity as part of bankruptcy reorganizations and out-of-court restructurings of distressed companies. For lenders who are unaccustomed to holding equity, this article provides a roadmap of key issues to look for when negotiating equity documents to help maximize the value of a minority equity stake.
On May 24, 2010, Richards Kibbe & Orbe LLP partner Brian Fraser was quoted in the Time article "Municipal Bonds: The Next Financial Land Mine?" This article describes the risks of municipal debt in this economy and the possibility that...
In April 2010, Richards Kibbe & Orbe LLP partner Eva Marie Carney co-presented a webcast titled “SEC Examinations of Investment Advisers” with Joel Sauer of the ACA Compliance Group.
In a recent New York Law Journal article, RK&O partners Brian Fraser and Patricia O'Prey write about the confidentiality, or lack thereof, of settlement negotiations.
On Monday, May 17, 2010, Richards Kibbe & Orbe LLP partner Brian S. Fraser was quoted in the San Francisco Chronicle article "Bond Insurer's Pledge to Keep Ratings Was 'Puffery,' Courts Say." This article describes a recently dismissed lawsuit in...
"Failure to Follow U.S. Electronic Discovery Rules Carefully May Lead To Heavy Sanctions For Parties And Their Lawyers" authored by Richards Kibbe & Orbe LLP partners Shari A. Brandt and James Q. Walker was published in the May 2010 edition...
In a 4-3 decision, the New York Court of Appeals reversed the Appellate Division and reinstated the complaint against the State of New York, holding that the Plaintiffs can bring their lawsuit which alleges systemic defects in New York's provision...
On May 4, 2010, Richards Kibbe & Orbe LLP partner Kenneth E. Werner was quoted in the Compliance Week article "HIRE Act's Enforcement Loophole Stirs Worry," which discusses the financial statement implications of the newly passed Hiring Incentives to Restore...
Proving lost profits is a difficult but critical component of many financial and commercial lawsuits. In a recently published chapter, "Proving Lost Profits Under New York Law: High hurdles for the Plaintiff's Damages Expert," of the book Inside the Minds:...
On April 18, 2010, Richards Kibbe & Orbe LLP partner William P. Barry was quoted in the Silicon Valley Mercury News article "HP investigation sheds light on challenges of the modern businessworld." Mr. Barry was cited as a Foreign Corrupt...
Jurisdiction over cross-border securities transactions and derivatives such as credit default swaps is of heightened concern as the international financial markets grow ever more connected and complex. In this article published in the February 2010 edition of Financier Worldwide, Richards...
The article, "Big Boys Don't Cry: How "Big Boy" Provisions Can Help Hedge Fund Managers Avoid Liability for Insider Trading Violations," authored by Richards Kibbe & Orbe LLP attorneys Brian S. Fraser and Tamala Newbold and previously published in The...
On March 2, 2010, Richards Kibbe & Orbe LLP partner Kenneth E. Werner was quoted in the Compliance Week article "IRS Preps Push to Disclose Uncertain Tax Positions," which describes the new proposal by the IRS to have companies disclose...
On March 2, 2010, Richards Kibbe & Orbe LLP partner William P. Barry was quoted in the Compliance Week article "DoJ Tells Pharma to Brace for FCPA," which discusses the strong warning the Department of Justice recently issued to those...
On February 5, 2010, BusinessWeek quoted the testimony of Richards Kibbe & Orbe partner Jon Kibbe, who appeared before the Committee on Rules of Practice and Procedure of the Judicial Conference United States focused on controversial pending amendments to Bankruptcy...
Richards Kibbe & Orbe LLP served as co-counsel with the Brennan Center for Justice at New York University School of Law and filed an amicus brief before the New York Court of Appeals in the case of Hurrell-Harring v. New York.
Richards Kibbe & Orbe LLP partner Jon Kibbe was quoted in the Law360 article "Investors Alarmed As Rule 2019 Uncertainty Persists," which discusses the controversial pending amendments to Rule 2019 and the negative impact the proposed changes would have on...
Richards Kibbe & Orbe LLP partner William P. Barry was quoted in the BNET article "Changing The Focus Of The Foreign Corrupt Practices Act," which discusses the shift in focus of the Foreign Corrupt Practices Act prosecutions targeting employees, rather...
Jon Kibbe and Michael Friedman were mentioned in the January 26, 2010 Financial Times article "Bankruptcy Rules Committee rethinks 2019 pricing disclosure amid HF panic attack." The two Richards Kibbe & Orbe LLP partners were included in a list of...
The January 27, 2010 Creditflux article "New secondary loan standards are a big change, says law firm" referenced content from a recent memorandum authored by Louisa Watt and Roxanne Yanofsky of the London office of Richards Kibbe & Orbe LLP....
Richards Kibbe & Orbe LLP partner William P. Barry was quoted in The Wall Street Journal Law Blog article "The 'Catch 22' Bust: Some Early Takeaways for FCPA Junkies," which discusses the rapid rise in Foreign Corrupt Practices Act prosecutions...
Richards Kibbe & Orbe LLP is serving as co-counsel with The Brennan Center for Justice at New York University School of Law in preparing an amici brief of behalf of former prosecutors in support of the plaintiffs' appeal in Hurrell-Harring...
The Financial Times has quoted the recent "Distressed Investor Alert" memorandum authored by Richards Kibbe & Orbe LLP attorneys Jon Kibbe, Michael Friedman and Keith N. Sambur. Click here to read the Financial Times article "US distressed debt industry faces...
James Q. Walker was quoted in the January 6, 2010 article "Lawyers' Manual on Professional Conduct" published by the American Bar Association and the Bureau of National Affairs. The article discusses the New York City Bar's "Report on the Outsourcing...
"Distressed Investor Alert: Revisions to Bankruptcy Rule 2019 Will Discourage Active Involvement in U.S. Bankruptcy Cases," authored by Richards Kibbe & Orbe LLP attorneys Jon Kibbe, Michael Friedman and Keith N. Sambur, was referenced in an article appearing in the...
In its January 2010 issue, Financier Worldwide has gathered the opinions of the corporate advisory and dealmaking community to explore their insights into current and emerging trends in its "Market Outlook 2010." Shari A. Brandt and James Q. Walker are...
"Big Boys Don't Cry: How "Big Boy" Provisions Can Help Hedge Fund Managers Avoid Liability for Insider Trading Violations" authored by Richards Kibbe & Orbe attorneys Brian S. Fraser and Tamala Newbold was published in the December 3, 2009 edition...
Richards Kibbe & Orbe partner Eva Marie Carney was quoted in the November 9, 2009 edition of Hedge Funds Review. The article, "Administrators respond to regulatory change," describes the potential impact of several legislative proposals before Congress that would force...
Richards Kibbe & Orbe partner Craig A. Newman was quoted in the January 1, 2010 edition of InsideCounsel magazine. The article, "Waive the Flag: Bank of America case has companies reconsidering what is privileged," discusses the impact of the attorney-client...
Richards Kibbe & Orbe partner Michael D. Mann was named one of Washington's Top Lawyers by Washingtonian Magazine. The publication acknowledges Washington D.C.'s top 1 percent of lawyers in 28 specialties.
"When Do Hedge Fund Managers Have a Duty to Disclose Material, Nonpublic Information?" authored by Richards Kibbe & Orbe attorneys Brian S. Fraser and Tamala Newbold was published by The Hedge Fund Law Report in the November 19, 2009 edition....
In the wake of recent developments regarding the SEC, Mr. Greenspan’s article for the New York Law Journal discusses practical guidelines, applicable generally to financial and other companies, for dealing effectively with the agency in the context of an enforcement...
Richards Kibbe & Orbe Partner Michael D. Mann was quoted in the December 7, 2009 edition of Fund Strategy magazine. The article, "Shipwrecked," discusses the extent of insider trading in the US markets and the difficulties of identifying and prosecuting...
The United States Supreme Court recently granted a petition for certiorari in a case with potential ramifications for transnational securities trading around the globe, a so-called "foreign-cubed" case in which foreign plaintiffs bought stock of a foreign company on a...
Richards Kibbe & Orbe Partner MaryJeanette Dee was quoted in the InsideCounsel article "Full Disclosure: 9th Circuit Restores Conventional Wisdom on Privilege." In this article, she comments on the need for clarity and consistency when administering Upjohn warnings to inform...
"Acquiring Companies in Bankruptcy" co-authored by Richards Kibbe & Orbe LLP partner Michael Friedman was published in the November/December 2009 issue of Executive Counsel magazine.
Richards Kibbe & Orbe Partner James Q. Walker was quoted in the Financier Worldwide article "Professional liability in a distressed market," which discusses the increased vulnerability to transactional liability that lawyers have experienced as investors seek to reap compensation for...
Richards Kibbe & Orbe Partner Kenneth E. Werner was quoted in an article titled "Implications of Recent IRS Memorandum on Loan Origination Activities for Offshore Hedge Funds that Invest in U.S. Debt" published in The Hedge Fund Law Report. The...
Richards Kibbe & Orbe Partner Kenneth E. Werner was quoted in the American Banker article "Outcomes, Not Incomes, Steer Comp Debate" and in an accompanying piece titled "Ideas in Contention as Compensation Fix." "Outcomes, Not Incomes, Steer Comp Debate" explains...
Richards Kibbe & Orbe Partner Lucinda O. McConathy was quoted in the Law360 article "Court Says Champerty Can't Curb Debt Buyers' Rights." The article describes the impact of the New York Court of Appeals' recent ruling clarifying the limits of...
Richards Kibbe & Orbe Partner Kenneth E. Werner was quoted in the Bloomberg.com article "IRS Tells Auditors to Look at Loans by Offshore Funds," discussing the Internal Revenue Service's recent letter concerning whether the lending activities of a foreign company...
On October 1, 2009, the United States District Court for the Southern District of New York, which is presiding over all of the wrongful death and property damage claims arising from the terrorist attacks on 9/11, issued a ruling that...
Richards Kibbe & Orbe LLP is pleased to announce today that attorneys MaryJeanette Dee, Arthur S. Greenspan, Jon Kibbe, Michael D. Mann, William Q. Orbe, Lee S. Richards, James Q. Walker, and Daniel C. Zinman were named 2009 New York Super Lawyers.
"Unanimous Lender Consent Provisions: Protection?," authored by Richards Kibbe & Orbe attorneys Nicholas A. Whitney and Keith N. Sambur, was published on the Law360 website and was also featured in both its Bankruptcy and its Corporate Finance newsletters on September...
On September 9, 2009, the New York Court of Appeals heard an oral argument concerning the proper interpretation of New York’s champerty statute in a case in which Richards Kibbe & Orbe Partners Brian Fraser and Lucinda McConathy filed an...
On August 27, 2009, New York's highest court, the Court of Appeals, granted an application to file an amicus curiae ("friend of the court") brief submitted by Richards Kibbe & Orbe litigation partners Brian S. Fraser and Lucinda O. McConathy...
Richards Kibbe & Orbe Partner Michael Mann was quoted in the CFO.com article "Getting (and Giving) the Message," discussing the importance of taking a proactive approach to the development of policies for internal and external corporate communications to ensure that...