Publications

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...

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. 

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

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.

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?

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

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 –

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.

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.

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.

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.

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

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. 

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.  

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.

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

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. 

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.

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.

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.

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. 

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.