Capital Markets

Expert Analysis

• Volcker Rule's VC Changes Will Support Underserved Regions

  

  Expected changes to the Volcker Rule will permit banks to invest in small and emerging venture capital funds, which could close the gap in financing for startups and small businesses outside the major investment hubs, says Lindsay Karas Stencel at Thompson Hine.

• Persuasion Skills Attys Can Learn From Political Speeches

  

  The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

• BofI Ruling May Erode Cos.' Securities Class Action Defenses

  

  The Ninth Circuit's recent decision in BofI Holding — revived due to a whistleblower action — may erode Private Securities Litigation Reform Act protections for publicly traded companies facing shareholder class actions, and may give plaintiffs a road map for pleading loss causation and scienter, say Glenn Vanzura and Kevin Kelly at Mayer Brown.

• Opinion

  Reflections On My 1st Judicial Election Amid Racial Tensions

  

  Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

• Key Issues To Watch As Coty Investor Suit Proceeds

  

  The Delaware Chancery Court recently allowed investors to proceed in challenging a deal that gave JAB Holding a voting majority in Coty, highlighting change-of-control transactions' fiduciary duty considerations, including potential harm to stockholders, director voting abstentions and precision in contractual language, say attorneys at Fried Frank.

• Weighing Litigation Vs. Arbitration Amid Court Disruptions

  

  Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

• How Attys Can Guard Against Rising Settle-And-Sue Claims

  

  Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

• 5 Areas SEC 'Finders' Proposal Needs More Clarity

  

  A recent U.S. Securities and Exchange Commission proposal provides a welcome carveout that allows "finders" to connect issuers with investors without registering as brokers, but questions remain around the exemptive order's scope, and how it would interact with other state and federal securities law requirements, say attorneys at Goodwin.

• Opinion

  Loan Docs Should Standardize Libor Replacement Language

  

  Lenders should consider a universal descriptive amendment to replace Libor in loan agreements in order to simplify the process, lower costs compared to bespoke diligence, and foster operational consistency, proposes Roger Chari at Duane Morris.

• Law Firm Tips For Attracting, Retaining Attys During Pandemic

  

  Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

• How Brent Crude Oil's Dominance Could Come To An End

  

  Recent turbulence in the oil market has highlighted the continuing importance of the Brent crude oil price benchmark — but a lack of liquidity could precipitate a decline in its use, as alternative benchmarks emerge, say Andrew Hutcheon and George Garthwaite at Watson Farley.

• Perspectives

  Finding A Path Forward To Regulate The Legal Industry

  

  Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

• 6 Structural Issues Complicating Libor Transition

  

  Examining specific challenges financial institutions face in reconfiguring risk models, compliance processes and operational technologies ahead of Libor's 2021 phaseout may keep the market from grinding to a halt as it transitions to a new interest rate benchmark, says Don Mumma at AxiomSL.

• What To Know About Software Co. M&A As Deal Volume Rises

  

  With the recent two-year peak in software company M&A volume, buyers and sellers in this space will remain interested in getting deals done and must therefore prepare for unique legal challenges in the areas of intellectual property, employee retention and complicated capital structures, say Zachary Turke and Edward Xia at Sheppard Mullin.

• Series

  Lawyering While Parenting: A Day In A Dad's Pandemic Life

  

  Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.