Capital Markets

Expert Analysis

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• Tips For Forming A Real Estate Fund

  

  Multi-asset real estate funds may provide investors with opportunities to deploy capital during the pandemic-induced market downturn, but several structural questions should be considered before raising a fund, say Matt Ertman and Max Brunner at Allen Matkins.

• 4 Steps For Public Cos. Subject To New Executive Pay Rules

  

  To comply with recently finalized Internal Revenue Service regulations implementing the Tax Cuts and Jobs Act's $1 million cap on compensation deductions, employee benefit and tax executives at public companies should understand who their covered employees are and identify compensation agreements subject to the rules, say Samuel Krause and Teresa Abney at Crowell & Moring.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• Opinion

  Congress Must Fix The AML Whistleblower Law

  

  Fundamental differences between whistleblower provisions in the recently passed Anti-Money Laundering Act and the Dodd-Frank Act will render the new law ineffective until Congress amends it to fully conform to Dodd-Frank's highly successful reward provisions, says Stephen Kohn at Kohn Kohn.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• How Biden Administration Can Crack Down On Ransomware

  

  By using the novel prosecutorial tactic known as access theory, President-elect Joe Biden can initiate a 2021 offensive to stop ransomware, says John Stark at John Reed Stark Consulting.

• What Is Insider Trading In The Derivatives Markets?

  

  Although derivatives traders are permitted to trade on their own material, nonpublic information to hedge risk, recent U.S. Commodity Futures Trading Commission enforcement actions highlight the distinction between legal and illegal use of nonpublic information unique to these markets, says CFTC Chairman Heath Tarbert.

• What To Expect From Securities Litigation In 2021

  

  Attorneys at Alston & Bird explore expectations for this year's securities litigation landscape, including class actions related to COVID-19, whistleblower claims and U.S. Securities and Exchange Commission enforcement activity.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• PPP Enforcement Issues To Watch In 2021

  

  Derek Adams at Potomac Law, and Ellen London and Steven Deolus at Alto Litigation, examine the evolution of the Paycheck Protection Program, the impact of constant changes to eligibility and reporting rules, and enforcement developments to expect this year.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 5 Attorney Business Development Tips For The New Year

  

  Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

• What Trading Restrictions On China Mean For US Markets

  

  Larry Bergmann and Robertson Park at Murphy & McGonigle analyze several issues that will alter the market for Chinese securities in the U.S., including imminent trading restrictions, that may affect stateside broker-dealers, alternative trading systems and securities exchanges as soon as this coming week.