Publications

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...

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...

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...

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.

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.

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...

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...

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.

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...

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...

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.

The U.S. Supreme Court recently denied a petition to review a landmark billion dollar antitrust settlement between Visa and MasterCard and millions of retailers that accused the card networks of improperly fixing interchange fees.

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. 

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. 

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 usruy laws unresolved.

Bondholders have long feared “the tyranny of the majority” and historically have found limited comfort in a provision of the Trust Indenture Act (the “TIA”) that provides minority bondholders with a veto over proposed legal modifications to core payment terms.

On January 24, 2017, the New York State Supreme Court, Appellate Division, First Department, issued an opinion in a widely-watched case involving the interpretation of credit default swap contracts, Good Hill Master Fund, L.P. v. Deutsche Bank AG.

On January 19, 2017, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC”) issued two advisories outlining cooperation factors that the Division will consider in resolving agency investigations and enforcement actions...

In Chapter 17 of the 2017 Practitioner’s Guide to Global Investigations, RK&O attorneys Jeffrey Lehtman and Margot Laporte discuss certain variables counsel should anticipate when representing individuals in parallell or cross-border investigations and proceedings.  

Predicting what will transpire in the coming year is always challenging, particularly in relatively nascent and growing industries such as marketplace lending. While surprises are undoubtedly in store for 2017...

Predicting what will transpire in the coming year is always challenging, particularly in relatively nascent and growing industries such as marketplace lending. While surprises are undoubtedly in store for 2017...

In a unanimous decision in Stonehill v. Bank of the West, the New York Court of Appeals issued an important decision affirming that an agreement to trade syndicated bank debt is binding...

On December 6, the U.S. Supreme Court issued its eagerly anticipated ruling in Salman v United States, unanimously affirming the 9th Circuit’s affirmance of Salman’s guilty verdict for insider trading. 

Since 2009, the loan market has largely set aside concerns regarding the arcane legal doctrine of “champerty,” on the basis of what appeared to be straightforward guidance from the New York Court of Appeals.

Many financial and commercial real estate lenders attempt to mitigate the risks of a borrower's insolvency by lending to a newly created subsidiary that holds sufficient assets to secure the loan...