Asset Management

Expert Analysis

• Lenders Score Major High Court Victory In Foreclosure Case

  

  The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

• How The SEC Eased In-Person Director Voting Rules

  

  Last month, U.S. Securities and Exchange Commission staff issued a no-action letter permitting fund and company boards of directors to meet and take certain actions by telephone or video conference when directors cannot meet in person. But the validity of contracts entered into in such circumstances is unclear, say attorneys with Proskauer Rose LLP.

• Tech Trends From SXSW Pose Unique Questions For Lawyers

  

  These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

• In Bar Admissions Process, It's Candor Or Bust

  

  You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

• Series

  Judging A Book: Bashant Reviews 'Doing Justice'

  

  My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

• Firms Can Leverage Communications When Economy Is Slow

  

  Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

• What's Next In ERISA 403(b) Litigation

  

  The recent swell of 403(b) excessive fee settlements may represent a turning point for the next generation of Employee Retirement Income Security Act suits brought against nonprofit institutions, says Ethan Hatch of Thompson Coburn LLP.

• 3rd Circ. FDCPA Opinion A Rude Awakening For Debt Buyers

  

  Federal courts may look to the Third Circuit's recent opinion in Barbato v. Greystone Alliance — which sidestepped the U.S. Supreme Court’s 2017 holding in Henson v. Santander Consumer — as the leading analysis of whether debt purchasers are subject to the Fair Debt Collection Practices Act, say Melanie Brody and Francis Doorley of Mayer Brown LLP.

• A Deep Dive Into The CDS And Syndicated Financing Markets

  

  The interrelationship between the credit default swap and syndicated term loan markets has become increasingly important and complex over the past five years. Four case studies help illustrate the interplay, say attorneys at Davis Polk & Wardwell LLP.

• Ethical Social Media Marketing For Lawyers

  

  Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.