Private Equity

Expert Analysis

• What SEC's Accredited Investor Proposal Means For PE Funds

  

  A recent proposal from the U.S. Securities and Exchange Commission would allow more investors to participate in private offerings, but divisions at the SEC and among investment advocates suggest further debate may be ahead before a finalized rule emerges, say Michael Gold and Nicholas Stewart at Saul Ewing.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• What's Changed And What's The Same In Final CFIUS Rules

  

  The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

• 3rd Circ. Sheds Light On Ch. 11 Liability Release Approval

  

  In Millennium Lab, the Third Circuit recently upheld the Delaware bankruptcy court's authority to approve a Chapter 11 plan containing nonconsensual liability releases, offering guidance on the factors courts may consider in deciding whether to approve them, says Jane VanLare of Cleary.

• 2019 Trends In DOJ Civil Health Care Fraud Cases

  

  Last year, the U.S. Department of Justice maintained aggressive enforcement efforts in the health care industry, again relying heavily on the False Claims Act, but the agency is also taking steps to guide those efforts toward fairness and consistency, say attorneys at Mintz.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• Deciphering Tribunals' Practice In Investor-State Arbitration

  

  Our recent study of 114 publicly available decisions on provisional measures in investor-state proceedings reveals key trends in arbitration tribunal jurisprudence, say David Goldberg and Ivan Philippov of White & Case, and professor Yarik Kryvoi of the British Institute of International and Comparative Law.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

• Uber Policy Calls For Refresher On ABA Confidentiality Rules

  

  Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

• Economic Headwinds Could Boost Distressed Asset Plays

  

  Even if global economic threats don't impel a significant market downturn, intense competition for consumer dollars, global trade uncertainty and highly leveraged balance sheets are likely to foster distressed investment opportunities, says Michael Szlamkowicz of Hogan Lovells.

• Rethinking Corporate Crisis And Litigation Communications

  

  While conventional wisdom among attorneys may be that no response is the safest response during a corporate crisis, recent examples demonstrate the consequences of failing to share timely and relevant information with key audiences, says Aidan Ryan of Goldberg Segalla.

• Opinion

  2 Overlooked Advantages Of Hourly Fees

  

  Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.