How M&A Insurers Can Increase Smaller Deal Servicing

As the number of M&A deals in the $50 million to $200 million range continues to grow, lawyers, insurance brokers and clients must address the trend away from covering these smaller transactions by working together to make it easier for carriers to consider submissions and to insure these types of risks, says Hilary Weiss at Liberty Global.

Tips For Managing Pre-Merger Information Exchanges

Excerpt from Practical Guidance

During merger discussions and negotiations, eight strategies can help manage the exchange of competitively sensitive information, including hiring a clean team and awareness of overlaps, says Tim Haney at LexisNexis.

Opinion

Now's The Time To Address Archaic Law School Curricula

With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

Deploying US Discovery In Brazil Following High Court Ruling

While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

Proposed Online Platform Regs Deviate From Antitrust Norms

The U.S. and EU are on the cusp of adopting digital platform legislation that would impose regulations based solely on firms' size, avoiding traditional antitrust principles and potentially changing the way online platforms' conduct is litigated, say Daniel Fenske at Mayer Brown and Felipe Pereira at Tauil Chequer.

Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

8 Steps To Creating A Legal Ops Technology Road Map

Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

Latest SPAC Trends Point To Risk Of Negative Outcomes

Interest in initial public offerings of special purpose acquisition companies has reached its apex, and in the second half of this year we anticipate sustained levels of SPAC shareholder redemptions, increased liquidations for those unable to consummate an initial business combination and increased litigation risk, say attorneys at The Brattle Group.

Parsing Chancery's Novel Director Liability Ruling In Garfield

The Delaware Chancery Court's cautious acceptance of a novel director liability theory in Allen v. Garfield, that a board's failure to act on a problem identified in a litigation demand letter may constitute a breach of fiduciary duty, shows that a kitchen sink approach to defending against fiduciary claims may not be optimal, say attorneys at Fried Frank.

What Outbound Investment Reviews Would Mean For US Cos.

A recent legislative proposal to establish outbound investment controls appears more sweeping than its predecessors and, if enacted, may significantly affect deal timing, feasibility and certainty for U.S. investors and companies engaging in ex-U.S. transactions, particularly those involving China, say Mario Mancuso and Luci Hague at Kirkland.

The Importance Of Data And Data Analysis In Litigation

Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

High Court Discovery Ruling Will Transform Int'l Arbitration

A U.S. Supreme Court decision this week slams the door on Section 1782 discovery in private international arbitration, leaving the status of other arbitral bodies involving treaties or intergovernmental elements in flux, and increasing the importance of selecting the forum and adjudicative body to resolve potential disputes, say attorneys at Hogan Lovells.

Vet Clinic FTC Settlement Puts Private Equity On Notice

Prior approval and prior notice requirements in the Federal Trade Commission's settlement for a $1.1 billion merger of veterinary clinics illustrate the majority-Democratic commission's skepticism over private equity's general business model, say Bruce Sokler and Tinny Song at Mintz.

Navigating Section 363 As A Decentralized Autonomous Org

Decentralized autonomous organizations are all the rage, raising questions on the advantages and disadvantages of coupling them with the Bankruptcy Code’s Section 363 sale process to acquire assets free and clear under the supervision of a bankruptcy court, say attorneys at O’Melveny.