Publications

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.

In this article, Julia Lu and Richard Lee explore some options to amend "Failure to Pay” to protect against manufactured CDS credit events.

RK&O partner James Walker addresses the ethical and legal challeneges that technology may introduce in this article published in Business Law Today.

In this article published in Law360, RK&O attorney Jakob Sebrow analyzes key antitrust issues in Apple Inc. v. Pepper.

RK&O partner Paul Devlin contributes to a major report on digital assets and cryptocurrency regulation released by the ABA Business Law Section. 

In this client alert, RK&O partner Julia Lu proposes distinguishing between categories of Failure to Pay Credit Events and applying different rules to the resulting categories.

RK&O attorneys Audrey Ingram, Michael Mann and Jamie Schafer discuss best practices for re-tooling your SOX hotline to combat sexual harassment.

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. 

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.