Private Equity

Expert Analysis

• Ethics Tips For Attorneys Telecommuting Across State Lines

  

  Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

• 6 Ways Legal Employers Can Help Pandemic-Weary Parents

  

  Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

• Charitable Fund Dispute Opens Doors For Litigation Wave

  

  Although a California federal court recently ruled a donor-advised fund sponsor did not breach prudent investor standards in Fairbairn v. Fidelity Charitable, the case shows that disgruntled donors may initiate claims against charities over nonbinding advisory privileges, and could introduce a wave of litigation over alleged investment mismanagement, says Karl Mill at Adler & Colvin.

• Remote Working Tips For Lawyer Trainees And Their Firms

  

  The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

• What Biden's Ethics Pledge Means For Gov't Revolving Door

  

  Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

• Opinion

  Punishing Bar Exam Policies On Menstrual Products Must Go

  

  Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

• Tax Takeaways From India's Proposed Budget

  

  Consultants at Deloitte discuss the tax implications of India's latest budget proposals, including the potential benefits for foreign portfolio investors and offshore funds migrating to India's new international financial services center, and the possible rise of M&A costs.

• Transaction Toolkit For A More Litigious M&A Environment

  

  As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

• It's Time For Law Firms To Start Loving And Leveraging Data

  

  The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

• A Tough Road Ahead for Democrats' Ambitious Policy Agenda

  

  While Democrats in Congress are well on their way to enacting an initial COVID-19 relief bill, they will face challenges when pivoting to President Joe Biden's Build Back Better goals for job creation and economic revitalization, say Russell Sullivan and Radha Mohan at Brownstein Hyatt.

• Keys To Protecting Clients During Law Firm Dissolution

  

  Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

• Infrastructure Privatization Can Still Be A Useful Model

  

  While infrastructure privatizations have fallen out of favor and publicly funded projects are now in the spotlight, budget shortfalls at the state and local level mean that privatization can provide needed capital — but deals should be conducted transparently and with lessons learned from past missteps, says Adam Giuliano at Kaplan Kirsch.

• When Domestic Securities Fall Outside Scope Of Federal Law

  

  The Second Circuit’s recent opinion in Cavello Bay Reinsurance v. Stein, which held a private securities sale was extraterritorial despite several ties to New York, underscores that how transaction agreements are structured could affect whether a deal may be subject to federal securities laws — especially in an increasingly remote world, say attorneys at Cleary.

• What CFTC Reporting Changes Mean For Pool Operators

  

  Jeanette Turner at SEI analyzes how the U.S. Commodity Futures Trading Commission's recent pivot away from pool-specific reporting requirements it implemented after the 2008 financial crisis will change commodity pool operators' disclosure obligations in the coming months.

• How Case Management Orders Can Support New Attorneys

  

  Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.