Publications

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October 21, 2019

The RK&O Board & Director Advisory Group reviews two rulings that deliver timely lessons regarding directors’ duty of oversight under Delaware’s Caremark standard. 

September 17, 2019

RK&O is pleased to announce that the 2019 edition of Hedge Fund Equity Investing: U.S. Legal Issues, written by RK&O partner Scott C. Budlong, has been published by Bloomberg Law® as part of its Securities Practice Portfolio Series. 

August 26, 2019

In this client alert, RK&O partners Scott C. Budlong, David B. Massey, Margaret W. Meyers and Lee S. Richards III explain why much of the media reaction to the Statement appears to be misguided from a legal perspective.  

July 16, 2019

In this client alert, RK&O partner Scott C. Budlong, Michael D. Mann, Margaret W. Meyers, William Q. Orbe and James Q. Walker explore and provide guidance on legal issues that arise when a hedge fund manager has an employee serving as a director at a public portfolio company.

June 5, 2019

In this client alert, RK&O attorneys Paul Haskel and James Ohlig examine the revisions made to the LSTA secondary market loan trading documentation.

June 4, 2019

In this article recently published on the NACD BoardTalk Blog, RK&O attorneys Audrey Laning Ingram, Michael Mann, David Massey and Jamie Schafer outline three key takeaways for the company and board to address in compliance policies. 

May 30, 2019

In this client alert, RK&O partners Scott C. Budlong, Margaret W. Meyers, William Q. Orbe and James Q. Walker explore and provide guidance on mitigating the fiduciary duty tensions that exist when a hedge fund manager has an employee serving as a director of a public portfolio company.

May 16, 2019

In this client alert, RK&O attorneys Jon Kibbe, Julia Lu and Rachel Mechanic examine several important legal assumptions about loans and the evolution of the modern syndicated loan market.

May 13, 2019

In this client alert, RK&O partners Shari A. Brandt, Paul J. Devlin and Lee S. Richards III outline the key highlights of the new CFTC Enforcement Manual.

May 7, 2019

RK&O attorneys outline basic precautions that Government enforcement lawyers and corporate defense counsel can take to avoid rulings like U.S. v. Connolly in the future. 

April 11, 2019

RK&O partners Scott C. Budlong and James Q. Walker review the recent Argos Holdings Inc. decision and provide key takeaways for board counsel and constituency directors.

April 5, 2019

In this article, Julia Lu and Richard Lee explore some options to amend "Failure to Pay” to protect against manufactured CDS credit events.

March 22, 2019

RK&O partner James Walker addresses the ethical and legal challeneges that technology may introduce in this article published in Business Law Today.

March 14, 2019

In this article published in Law360, RK&O attorney Jakob Sebrow analyzes key antitrust issues in Apple Inc. v. Pepper.

March 13, 2019

RK&O partner Paul Devlin contributes to a major report on digital assets and cryptocurrency regulation released by the ABA Business Law Section. 

March 6, 2019

In this client alert, RK&O partner Julia Lu proposes distinguishing between categories of Failure to Pay Credit Events and applying different rules to the resulting categories.

February 25, 2019

RK&O attorneys Audrey Ingram, Michael Mann and Jamie Schafer discuss best practices for re-tooling your SOX hotline to combat sexual harassment.

January 30, 2019

In this client alert, RK&O partners Paul B. Haskel and Matthew M. Riccardi analyze the preliminary approval of the proposed class action settlement and review the key timeline of next steps in the years-long Visa and Mastercard antitrust litigation. 

January 11, 2019

2018 was a challenging year for many independent corporate directors, in large part due to the array of corporate crises stemming from the behavior of CEOs and other senior employees. In this memo, RK&O partners briefly recap the fundamental fiduciary duties owed by corporate directors.  

January 4, 2019

2018 was a challenging year for many independent corporate directors, in large part due to the array of corporate crises stemming from the behavior of CEOs and other senior employees. In this memo, RK&O partners briefly recap the fundamental fiduciary duties owed by corporate directors.  

December 20, 2018

In this client alert, RK&O attorneys James Walker, Dan Zinman and Jacob Taber advise law firms to think twice before using blanket advance conflict waivers in form engagement letters after a recent California Supreme Court decision cost a firm more than $1 million in unpaid legal fees.