Asset Management

Expert Analysis

• What To Expect Under New SEC Enforcement Director Grewal

  

  Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

• Responding To Fraud Charges Based On Trade Data Analytics

  

  Anthony Barkow and Charles Riely at Jenner & Block examine recent charges against a Canadian hedge fund manager to highlight how defense practitioners can appraise suspicious trading pattern evidence gleaned from the U.S. Securities and Exchange Commission's data analytics.

• Law Firms, Know Who's Responsible For Your Cloud Security

  

  Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

• Benefits For Law Firms Venturing Into New Services

  

  By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

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  Embracing ESG: Exelon GC Talks Diversity Initiatives

  

  Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

• Recent SPAC Settlement Signals SEC Enforcement Wave

  

  The U.S. Securities and Exchange Commission's recent settlement with special purpose acquisition company Stable Road — and its sponsor, CEO and proposed merger target — over false representations to investors illustrates the agency's heightened focus on policing SPAC transactions and should prompt participants to ensure adequate due diligence, say attorneys at Pillsbury.

• Revamping Law Firm Marketing Lists — With Partner Buy-In

  

  Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

• The Murky World Of Legal Rankings Gets Some Clarity In NJ

  

  New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

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  Embracing ESG: Cigna Counsel Talks Employee Wellness

  

  Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

• FINRA Shows Subtle Shift On Evaluating Best Execution

  

  McGuireWoods’ Elizabeth Hogan and Alexander Madrid analyze the Financial Industry Regulatory Authority's recent notice on best execution and payment for order flow, identifying an isolated focus on price that pivots from prior guidance emphasizing a more holistic approach.

• How Western States Help The Wealthy Avoid Taxes, Creditors

  

  The race by certain states in the western U.S. to legalize shell companies, private trusts and other mechanisms allowing wealthy individuals to avoid taxes and creditors underlies the U.S.' status as a secrecy haven of choice, says Daniel Pascucci at Mintz.

• Hybrid Work Models Are Key To Gender Parity In Law Firms

  

  To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

• Credit-Sensitive Rates Could Allay Libor Transition Hurdles

  

  Adopting a Libor replacement requires careful understanding of the Secured Overnight Financing Rate's performance issues, comprehensive price term negotiation, and consideration of alternative benchmarks — like Ameribor — whose base rate and credit spread advantages come in contrast to U.S. banking officials' recent critiques of credit-sensitive rates, says Jeffrey Armstrong at Berkeley Research.

• 3 Keys To Winning Your Next Oral Argument

  

  To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

• Keys To Efficient And Accurate Doc Review For E-Discovery

  

  Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.