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February 20, 2018

Market volatility’s resurgence has been followed by allegations that the VIX index - Wall street’s “fear gauge” - has been manipulated by traders. It is too early to know if these allegations are well-founded, but the inevitable investigations, like all alleged market manipulation cases, will be lengthy, complex, and expensive. These problems will likely be amplified in...

February 13, 2018

The United States Court of Appeals for the D.C. Circuit issued an important decision on February 9, 2018 that will have significant implications for CLO managers, investors and other securitization market participants. The D.C. Circuit’s decision vacates a federal district court decision upholding a federal rule that construed open market CLO managers as...

February 8, 2018

Participants in credit default swap (CDS) market know that moral hazards may arise when the parties to CDS contracts seek to influence transactions involving the companies referenced under the CDS. This risk is exponentially more pronounced when reference entities succumb to such influence. The controversy involving the home builder, Hovnanian...

December 22, 2017

In this article published in Compliance Week, RK&O attorneys Michael Mann and Margot Laporte address lessons learned from the Equifax incident and provide suggestions for companies seeking to re-evaluate their insider trading policies in light of evolving legal and reputational risks. 

December 20, 2017

The corruption probe launched by the Saudi Arabian Crown Prince last month has quickly reverberated in the global financial system beyond the desert kingdom, starting in Switzerland.

December 18, 2017

RK&O founding partner Lee S. Richards III recently contributed to the NYU Law Compliance & Enforcement blog, addressing American law enforcement’s focus on cooperation and self-reporting. 

December 7, 2017

On October 26, 2017 the SEC's Enforcement Division announced its efforts to address cyber-related securities law violations by creating a new Cyber Unit. The Enforcement Division, which has already developed significant expertise in its Market...

November 15, 2017

Technology is integral to a lawyer's ability to engage in the practice of law. Whether scheduling meetings with clients by email or text message, conducting due diligence is an electronic data room, using a database to produce electronic discovery in a litigation or government investigation, or filing pleadings in court, lawyers regularly rely on technology to represent clients.

November 13, 2017

While the Argentine business community is no stranger to transnational corruption investigations, the companies historically involved in those investigations have been local subsidiaries of major U.S. or European corporations (IBM and Siemens are the most...

November 2, 2017

Joining an ongoing discussion about renewed criminal justice reform efforts, RK&O founding partner Lee Richards recently took to the NYU Law Compliance & Enforcement blog to voice his opinion on...

September 26, 2017

Recent changes in the European loan and claims trading market may impact future investment strategies for fund clients focused on the secondary loan market. From new laws allowing limited direct lending to Italian borrowers, as well as simplified...

August 29, 2017

For years courts, prosecutors and SEC lawyers have twisted themselves into knots trying to figure out when those who leak insider information (“tippers”) benefit from the leak and thereby violate the securities laws based on the decision in Dirks v. S.E.C., 463 U.S. 646...

August 16, 2017

Bloomberg Law and Richards Kibbe & Orbe LLP announced today the publication of Hedge Fund Equity Investing: U.S. Legal Issues, a portfolio that focuses on issues related to federal securities law that may apply to hedge funds when buying, holding and selling U.S. equity securities.

August 15, 2017

On July 20, 2017, the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”) issued a penalty notice to ExxonMobil for violation of Ukraine/Russia-related sanctions targeting Russian government officials and their associates.

August 9, 2017

All counterparties in the equity derivatives market should be aware that the International Swaps and Derivatives Association, Inc. (“ISDA”) opened the ISDA 2017 OTC Equity Derivatives T+2 Settlement Cycle Protocol (the “T+2 Protocol”) for...

July 11, 2017

On 27 June 2017 the Loan Market Association (the "LMA") published an update to the Standard Terms and Conditions for Par and Distressed Trade Transactions (Bank Debt/Claims) (the "Standard Terms and Conditions") which amended certain...

June 30, 2017

In its recent unanimous decision in Kokesh v. SEC, the Supreme Court concluded that disgorgement represents a penalty for purposes of the statute of limitations. But the impact of the case will extend well beyond its narrow holding.

May 18, 2017

In this client alert, RK&O partners Jennifer Grady, Jon Kibbe and Gregory Plotko explore the motivations of the investors and vendors that are actively transferring stressed retailer credit risk, describe the forms of agreements used by market...

May 11, 2017

Compliance with anti-corruption, anti-money laundering and economic sanctions is a cost of doing business in a globalized economy. But what does the anti-regulation bent of the Trump administration mean for three of the most talked about cross-border...

April 19, 2017

Lawyers who maintain active social media presences should be aware of recent opinions by ethics committees in New York discussing the extent to which lawyers' postings on the social media page LinkedIn constitute attorney advertising.

April 12, 2017

The promotion of renewable energy has been an important policy goal at the state and federal levels in recent years, and public support for solar energy in particular has driven a significant increase in installed solar capacity across the United States. 

April 6, 2017

The promotion of renewable energy has been an important policy goal at the state and federal levels in recent years, and public support for solar energy in particular has driven a significant increase in installed solar capacity across the United States. 

April 1, 2017

A relatively new type of investment fund, the Irish Collective Asset-management Vehicle (ICAV), is tailor-made for regulating investment funds and attracting foreign investors. The ICAV may be suitable for United States-based investment advisers. 

March 2, 2017

After a period of relative calm in the marketplace lending sector, the February 27, 2017 decision in Madden v. Midland has raised new questions. The decision by Judge Seibel in the Southern District of New York leaves certain issues about the application of state usury laws unresolved.