Securities

Expert Analysis

• Musk's Crypto Tweets Likely Didn't Violate SEC, CFTC Rules

  

  The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission will be hard-pressed to argue Tesla CEO Elon Musk's recent tweets about cryptocurrencies amounted to illegal communication of material information to investors, or constituted market manipulation, say Kenneth Breen and Phara Guberman at Paul Hastings.

• 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.

• Opinion

  Abusive M&A Litigation Highlights Need For Securities Reform

  

  In-court M&A challenges that benefit plaintiffs counsel more than shareholders continue unabated, demonstrating the need for federal securities law reform to prevent what amounts to a deal tax on companies forced to pay mootness fee settlements and higher directors and officers insurance premiums, say attorneys at Seyfarth.

• NY Rulings Show State Court Aversion To Securities Act Suits

  

  In a welcome development for defendants, a New York state court's back-to-back rejections of Securities Act class claims in Sundial Growers and Lyu v. Ruhnn Holdings signal a growing judicial backlash against the flood of similar litigation following the U.S. Supreme Court’s 2018 decision in Cyan, say Israel Dahan and Alexander Noble at King & Spalding.

• 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.

• Mitigate Key FCPA Risks With Tailor-Made Compliance

  

  Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

• Too Wealthy To Bail: Navigating Pretrial Release Strategy

  

  Recent noteworthy bail decisions, including a New York federal court's denial of Ghislaine Maxwell's $28.5 million bail package offer, reveal that high-net-worth defendants should demonstrate significant ties to the U.S. and provide comprehensive financial disclosures to mitigate flight-risk objections, say Sean Buckley and Amanda Tuminelli at Kobre & Kim.

• Keys To Carbon Neutral Oil And LNG Transactions: Part 2

  

  The parties to a carbon neutral oil or liquefied natural gas transaction must agree upon the source and quality of the carbon offset units used in the deal, as well as on any transaction-specific verification protocols and carbon footprint methodologies, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

• 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.

• Keys To Carbon Neutral Oil And LNG Transactions: Part 1

  

  Carbon neutral oil and liquefied natural gas transactions can make oil and LNG more environmentally competitive with renewable energy, but participants must pay close attention to the cost of carbon offsets involved, and applicable regulations around carbon trading and marketing claims, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

• 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.