Publications

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. 

In this chapter of the 2019 Practitioner’s Guide to Global Investigations, RK&O attorney Margot Laporte discusses certain variables counsel should anticipate, including extradition, asset seizures and forfeiture, interaction with local counsel, pool counsel and privilege considerations, evidentiary issues involving cross-border document production and parallel proceedings, and issues involving settlement and client reputational risk.

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.  

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.  

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. 

In this article, RK&O lawyers Arthur Greenspan and Jacob Taber examine the specific details of the Lorenzo case, arguments in the Supreme Court and potential outcomes, with only eight justices hearing the case.  

In this article published by the New York Law Journal, RK&O partners David Daniels and Julia Lu discuss recent cases that address this issue and outline key lessons learned for investors trading claims.  

Recent amendments to the Delaware Limited Liability Company Act should prompt lenders to take a closer look at their credit agreements and indentures and consider whether updates to those agreements are necessary.

In this article published by Bloomberg Law, RK&O partners Paul B. Haskel and James Q. Walker detail what fund managers and investors new to the area should know before investing in commercial litigation funding deals.

In this client alert, RK&O partners Scott Budlong and Michael Mann examine a recent SEC enforcement order and provide important lessons for fund managers.  

In this client alert, RK&O attorney Margot Laporte examines the implications of the Hoskins decision and what this means for multinational companies and their executives. 

In this client alert, RK&O partners Paul B. Haskel and James Q. Walker discuss the details of Opinion 2018-5 and what it could mean for lawyers involved in certain nonrecourse financing arrangements.

RK&O is pleased to announce that the 2018 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. 

On June 4, 2018, the U.S. Department of Justice and French National Financial Prosecutor’s office announced the first coordinated resolution by U.S. and French authorities in a foreign bribery case. The resolution represents a remarkable evolution in anti-corruption cooperation and enforcement between U.S. and French authorities. 

Deploying a plan support agreement (PSA) has become an essential component of U.S. Chapter 11 bankruptcy proceedings, especially in larger, more complex reorganizations. Sophisticated debtors and creditors have effectively used PSAs to reduce the costs and risks associated with restructuring a distressed debtor and garner support for a new...

The coordinated resolution between the DOJ and the PNF—the first coordinated resolution between the DOJ and French authorities in a foreign bribery case—represents a new era in cross-border enforcement and cooperation between U.S. and French authorities. 

Businesses are now on notice that the U.S. Department of Treasury, Office of Foreign Assets Control (“OFAC”) intends to use its enforcement powers to police a broad array of potential interactions and relationships with sanctioned parties that cannot reliably be captured through traditional transaction due diligence and screening protocols because they involve...

In this article, RK&O partner Paul Devlin wades into some of the questions that the courts, CFTC regulators and commodity lawyers alike should be asking about the CFTC’s power to regulate cryptocurrencies. I

The legal profession is constantly changing, often prompted by new technology. Analytical tools that rely on artificial intelligence-powered software can assist lawyers in a wide range of document-intensive tasks that are critical to negotiating a transaction, conducting an internal investigation, or determining the evidence relevant to the prosecution or...

As U.S. economic sanctions have tightened, sanctioned countries, entities and individuals are engaging in increasingly sophisticated practices to evade their impact. Recent reports in the media and by U.S. regulators have described complicated sanctions evasion schemes involving false documentation, front companies and other deceptive trade...

In this chapter of the 2018 Practitioner’s Guide to Global Investigations, RK&O attorney Margot Laporte discusses certain variables counsel should anticipate, including extradition, asset seizures and forfeiture, interaction with local counsel, pool counsel and privilege considerations, evidentiary issues involving cross-border document production and parallel proceedings, and issues involving settlement and client reputational risk.

Investors currently relying on certain of the Bankruptcy Code’s safe harbor provisions to save them from clawback claims should consider finding new shelter. The U.S. Supreme Court in Merit Management Group, LP v. FTI Consulting, Inc., unanimously ruled that one aspect of the safe harbor under Section 546(e) of the Bankruptcy Code does not prohibit a...

Market volatility’s resurgence has been followed by allegations that the VIX index - Wall street’s “fear gauge” - has been manipulated by traders.