Securities

Expert Analysis

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• FinCEN 'Travel Rule' Update Sets Challenges For Crypto Cos.

  

  It is unclear how the virtual currency sector will find a practical way to comply with the recent expansion of the Financial Crimes Enforcement Network regulation known as the travel rule, but any solution is likely to have both unintended consequences and unintended benefits, say attorneys with King & Spalding.

• Rebuttal

  Data Pinpoints Expert Valuation Differences In Del. Appraisals

  

  A recent Law360 guest article called on experts in appraisal proceedings to present valuations closer to deal price, but an examination of 20 cases involving disinterested transactions of public targets indicates this call to action is more apt for petitioner valuations than those of respondents, says Michael Cliff at Analysis Group.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• Data Privacy Compliance Best Practices For Asset Managers

  

  An asset manager can more nimbly engage with the nuances of new data privacy legislation by following a best practices model, developed through universal protocols, that can more readily be adapted to comply with a variety of laws, say attorneys at Ropes & Gray.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• Rebuttal

  Mutual Funds Should Consider Shareholder Litigation

  

  A recent Law360 guest article attempts to dissuade mutual funds from engaging in shareholder litigation, but it ignores the practical realities of how, under the right circumstances, it often makes sense for mutual funds to participate, say attorneys at Labaton Sucharow.

• The Ins And Outs Of SEC's Expanded 'Test The Waters' Rule

  

  The U.S. Securities and Exchange Commission’s recent expansion of permissible prefiling communications between issuers and certain potential investors may allow issuers to be in a better position to gauge interest in the market in a cost-effective manner, say attorneys at Debevoise.

• Regulatory Scrutiny Exposes Crypto Oversight Challenges

  

  A recent U.S. House Committee on Financial Services hearing highlights the lack of clarity on cryptocurrencies' legal obligations, as well as potentially shifting expectations as legislators and regulators consider how to oversee cryptocurrencies as a consumer financial product, say Duane Pozza and Antonio Reynolds at Wiley Rein.

• 5 Steps Toward Broker Conduct Rule Compliance

  

  As the June 30 deadline to comply with the U.S. Securities and Exchange Commission's Regulation Best Interest approaches, broker-dealers must start translating their implementation strategies into concrete actions, say attorneys at Eversheds Sutherland.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• Post-Libor Rate Comes With Interest Accrual Concerns

  

  The way the Alternative Reference Rates Committee calculates interest for its proposed backup successor to Libor results in an accrual hybrid that is analytically problematic in its suspension of compounding on nonbusiness days, says Thomas Volet at Moses & Singer.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Series

  Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

  

  U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

• Opinion

  Proxy Advisers Should Be Designated ERISA Fiduciaries

  

  With Eugene Scalia confirmed as the U.S. secretary of labor, his department should prioritize designating proxy advisers — the primary provider of shareholder voting recommendations — as investment advice fiduciaries to protect Employee Retirement Income Security Act plan beneficiaries, says Bernard Sharfman of the Main Street Investors Coalition advisory council.