Publications

In this article, RK&O partner Christopher Andrew Jarvinen explores the continued vitality of the factors’ approach in determining whether a transaction represents a true-sale or a loan, and highlights some of the true-sale frameworks suggested by commentators.

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 attorneys Jeffrey Lehtman and Margot Laporte examine 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...

Representing individuals in parallel or cross-border investigations and proceedings requires the ability to interact with counsel in multiple jurisdictions and disciplines, and a dogged focus on the desired result, often in the face of complex and competing jurisdictional, procedural and legal obstacles. In some instances, issues of foreign law or regulatory...

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. 

Over the last several months, the SEC has intensified its threats to so-called "gatekeepers," especially in the area of initial coin offerings ("ICOs") and cryptocurrencies. In testimony on Tuesday, February 6, 2018 before the Senate Committee on Banking, Housing, and Urban Affairs, SEC Chairman Jay Clayton reminded gatekeepers-including lawyers-that the SEC...

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...

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...

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...

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. 

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.

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. 

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...

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.

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...

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...