Publications

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July 1, 2020

RK&O attorneys Shari Brandt, Margaret Meyers, Lee Richards, Daniel Zinman and Sydney Sgambato outline considerations and strategies clients should adopt when responding to a government request for remote testimony.

June 30, 2020

RK&O attorneys Shari Brandt, Margaret Meyers, Lee Richards, Daniel Zinman and Sydney Sgambato outline considerations and strategies clients should adopt when responding to a government request for remote testimony.

June 24, 2020

In this client alert, RK&O attorneys Arthur Greenspan, Rachel Mechanic and Jacob Taber review the Liu v. SEC decision and discuss the three limiting principles that defense counsel need to consider.

June 18, 2020

RK&O attorneys Arthur Greenspan, David Massey, James Walker and Jakob Sebrow outline the increased challenges and legal risk companies may face in their accounting and financial reporting as a result of the COVID-19 pandemic.

June 12, 2020

In this article published in the New York Law Journal, RK&O attorneys Daniel Zinman, James Walker and Jacob Taber examine how the COVID-19 pandemic and resulting economic instability may give rise to new employee defenses against the enforcement of non-compete clauses. 

June 12, 2020

RK&O partners Scott Budlong and Michael Mann examine a recent SEC settlement order and identify valuable takeaways for fund managers who are potentially exposed to portfolio company MNPI due to board representation and/or status as a lender entitled to receive confidential company information.

June 11, 2020

RK&O attorneys Catherine Turgeon, Hanchang Sohn and Bill Orbe examine a few of the terms that down-round investors may require as a condition to the new financing – and the impact those terms have on the investors in prior rounds.

June 8, 2020

RK&O attorneys Michael Mann, David Massey, Jamie Schafer and Sydney Sgambato review the DOJ's updated guidance on “Evaluation of Corporate Compliance Programs”.

June 8, 2020

RK&O partner Julia Lu provides a roadmap for market participants as they identify, analyze and attempt to value reserve-based energy loans and commitments.

June 5, 2020

RK&O attorneys Jon Kibbe, Julia Lu, Rachel Mechanic and Margaret Meyers provide an update on the closely watched Kirschner case and discuss the questions that remain in regards to arranger liability.

June 1, 2020

In this article published in the American Bankruptcy Institute Journal, RK&O partner Julia Lu makes several suggestions to find collaboration in secondary market credit trading and out-of-court restructurings. 

May 29, 2020

RK&O attorneys Paul Haskel, Andrew Martin and Adam English examine the distinction between trading loans on par or distressed terms, and offer guidance to investors purchasing financially stressed or distressed loans.

May 28, 2020

RK&O partners David B. MasseyMargaret MeyersLee S. Richards IIIJamie Schafer and Daniel C. Zinman discuss the new focus on remote witness interviews in white collar and SEC investigations.

May 21, 2020

RK&O partner Shari Brandt examines the first penalty guidance issued publicly by the CFTC in over 25 years, which includes factors considered in recommending civil monetary penalties.

May 20, 2020

RK&O partner Jon Kibbe outlines a strategic view of how loan market trends will evolve and what that could mean for businesses and borrowers in the "new normal".

May 18, 2020

RK&O partner James Walker addresses unconscious bias in a remote work environment and best practices for fostering inclusion.

May 13, 2020

RK&O attorneys Jon Kibbe, Julia Lu, Rachel Mechanic and Jacob Taber provide an update on the closely watched Kirschner case and what this could mean for the structure of the modern loan market.

May 11, 2020

RK&O partners Gregory G. PlotkoPaul B. Haskel and David Daniels highlight precautions investors can take to avoid “constructive fraudulent transfers” when purchasing distressed assets.

May 8, 2020

RK&O attorneys review the CLOUD Act and provide critical considerations for companies, compliance officers and counsel as they transition further into the Cloud. 

May 8, 2020

RK&O partners Julia Lu and Kevin Rubinstein outline structuring considerations and techniques for finance providers and investment funds when considering how to efficiently leverage portfolios of illiquid financial assets.

May 6, 2020

RK&O partner Michael D. Mann and former SEC Chairman Arthur Levitt Jr. have published a joint opinion piece "The SEC's China Evasion" in The Wall Street Journal.

May 6, 2020

RK&O attorneys Catherine TurgeonHanchang Sohn and Bill Orbe address how investors can successfully navigate a down round.

May 4, 2020

RK&O partner Paul Haskel discusses the current pandemic and the macroeconomic forces affecting the future of the litigation finance industry.

May 1, 2020

RK&O partners Audrey IngramMichael D. Mann and Jamie Schafer offer a checklist of three critical lines of communication compliance departments should consider opening today to identify and avert crisis-driven compliance gaps.

May 1, 2020

RK&O attorneys James Ohlig and Emilie Condie discuss the terms, standards and factors that confirm the certainty of trade settlements in the secondary loan market.

April 29, 2020

RK&O attorneys Jennifer GradyJohn Clark and Richard J. Lee, JD, CFA discuss how loan total return swaps (LTRS) can be a valuable tool for distressed investors who understand its unique structure and features.

April 27, 2020

In this edition of our Roads to Recovery series, Robert Waldner outlines remedies available to the grantor when a participant defaults under a loan participation agreement

April 27, 2020

RK&O attorneys David DanielsLee S. Richards IIIDaniel C. Zinman and Rachel Mechanic offer a detailed summary of the legal risks to banks and borrowers that participate in loans and grants made available under the CARES Act.

April 24, 2020

RK&O partners Audrey IngramMichael D. Mann and Jamie Schafer provide strategies compliance departments should consider in order to protect the business and mitigate the compliance risks that can arise due to supply chain disruption.

April 22, 2020

The secondary loan market uses a variety of transfer structures and settlement conventions to move the risk of owning a commercial loan from a seller to a purchaser...

April 20, 2020

RK&O attorneys H. Rowan Gaither IV and Jacob Taber offer guidance on how to undertake damages assessment and a general framework for the analysis when a trade breaks.

April 17, 2020

In this series, RK&O compliance and enforcement advisors will provide thoughtful analysis and practical risk mitigation strategies for identifying weaknesses and adapting compliance controls to navigate the risks and opportunities of this new era.

April 15, 2020

RK&O London attorneys Matthew Hughes and Emilie Condie examine the enforcement of oral trades under English Law and how these differ from other jurisdictions.

April 13, 2020

When commercial loans trade at a discount, borrowers (and their affiliated sponsors) are rationally motivated to buy back their loans at the discount, retire them at par and improve their balance sheets by reducing long-term debt.

April 10, 2020

On March 25, 2020, the SEC issued an order (the “Order”) granting temporary conditional relief from certain Exchange Act filing deadlines for firms whose ability to meet the normal deadlines is compromised by the COVID-19 situation...

April 8, 2020

As commercial borrowers struggle to plan in uncertain times, many are drawing down on revolvers, putting stress on bank and non-bank lenders...

April 7, 2020

In this article published by NYU Compliance & Enforcement blog, RK&O attorneys Arthur Greenspan, David Massey, James Walker and Jakob Sebrow analyze United States v. Carroll, pending in the U.S. District Court for the Southern District of New York, and discuss the risk involved with the misuse of non-GAAP metrics.

April 6, 2020

In today’s distressed global financial markets, the emerging focus is once again on counterparty credit risk, as it was in the aftermath of the Lehman Brothers collapse a decade ago...

April 3, 2020

Limited partnerships investing in private equity usually operate harmoniously: general partners (GPs) honor their fiduciary duties to their limited partners (LPs), and LPs can rely on the GPs’ expertise in selecting and managing the portfolio and on the information they receive about the fund’s investments. 

April 1, 2020

In times of correlated financial stress, no manufacturer needs a disruption in the flow of critical components through its supply chain.

March 30, 2020

The recent disruption to financial markets is putting new strains on the process of closing trades of syndicated bank loans, bankruptcy claims, restructured equity and other types of assets traded by participants in the secondary credit markets.

March 27, 2020

When can a mere phone call, an e-mail, a Bloomberg message, a voicemail, or a note scribbled in a trader’s notebook create an enforceable promise?

March 24, 2020

In this client alert, RK&O partner Julia Lu makes several suggestions to professionals in secondary market credit trading and out-of-court restructurings.

March 24, 2020

Secondary market credit trading and out-of-court restructurings have co-existed for many years. The relationship is close, but far from collaborative. Both sides are responsible for this mismatch –

February 28, 2020

In this client alert, RK&O attorneys Arthur Greenspan and Jacob Taber analyze the history of SEC disgorgement and the statutory and other arguments presented in Liu and conclude that the Supreme Court is likely to uphold the core of the SEC’s disgorgement remedy but suggest limitations on that remedy that will be helpful to the defense bar.

February 18, 2020

In this article, RK&O associate Jakob Sebrow explains this overlooked aspect of the Blaszczak case and what it might mean for the future of insider trading law.

February 7, 2020

In this client alert, RK&O partners Scott Budlong, David Massey, Margaret Meyers, Lee Richards and Daniel Zinman discuss the LendingClub decision and its takeaways for directors of Delaware corporations.

January 21, 2020

In this client alert, RK&O attorneys James Walker, Daniel Zinman and Jacob Taber discuss recent rulings relating to pre/post-merger attorney-client communications.

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.