Expert Analysis

• 'Varsity Blues' Reversal May Inform Conspiracy Defenses

  

  The First Circuit’s recent decision vacating the convictions of two “Varsity Blues” defendants provides potential support for creative arguments against conspiracy charges, particularly where defense counsel can show competition or indifference among alleged co-conspirators, say Cormac Connor and Emily Mikes at Husch Blackwell.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• SEC Agenda Indicates A Blistering Rulemaking Pace

  

  The U.S. Securities and Exchange Commission's recently released agenda lists several major rule proposals slated for adoption in the second half of this year, reflecting the SEC's proactive shift toward taking final action on previously proposed rules pertaining to investment advisers, private funds and registered funds, say attorneys at Simpson Thacher.

• Recent Bills Show Congress' Growing Maturity On Cannabis

  

  Though two recently introduced cannabis reform bills, the Prepare Act and the Small Business Tax Equity Act, are unlikely to pass in this Congress, they demonstrate a new level of focus and sophistication on the part of lawmakers as it relates to cannabis at the federal level, says Irina Dashevsky at Greenspoon Marder.

• Bank Agencies' 3rd-Party Risk Guidance: 6 Things To Know

  

  Although third-party risk management is already a standard practice, final guidance recently issued by federal banking agencies indicates that banks should expect a heightened supervisory focus on this area, say attorneys at Covington.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• Practice Tips For Structuring Corporate Venture Capital Deals

  

  With traditional financial venture capitalists scaling back and corporate venture capital emerging as a key player in the funding landscape, lawyers advising these strategic investments should limit exposure to competitive information and follow other best practices to minimize potential hazards, say Evan Kipperman and Paul Hughes at Wiggin and Dana.

• SEC Form PF Amendments Show Private Fund Adviser Focus

  

  The U.S. Securities and Exchange Commission recently adopted amendments to Form PF that will establish new event-reporting requirements for private equity and large hedge fund advisers, reflecting the SEC's increased attention on the private markets also seen in its stated examination priorities and latest rule proposals, say attorneys at King & Spalding.

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• Growing EU Scrutiny Increases Hurdles For Foreign Investors

  

  The application of the EU Foreign Subsidies Regulation from July will bring further oversight to many large deals, and together with bolt-on strategies, foreign investment regulation and antitrust enforcement, financial sponsors will need to start planning for compliance to avoid potential delays, say Anna Mitchell and Neil Hoolihan at Linklaters.

• Fla. Foreign Real Estate Law Brings Broad Investment Risks

  

  Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

• How REITs Can Prep For SEC's Repurchase Disclosure Rules

  

  With real estate investment trusts' share repurchase activity on the rise, REITs should beware the potential enforcement risks that may arise from the U.S. Securities and Exchange Commission's new rules requiring additional disclosures regarding such repurchases, says Zach Swartz at Vinson & Elkins.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.