Expert Analysis

• Series

  ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Private Fund Advisers Should Prep Now For New SEC Rules

  

  The U.S. Securities and Exchange Commission's final private fund adviser rules place significant burdens on this group, and despite both modifications to the initial ruleset and litigation challenges, advisers should begin developing practices that could comply with these regulations should any of them take effect, say attorneys at Simpson Thacher.

• Asset Manager Considerations For Soliciting Calif. Pensions

  

  With California public pension and retirement plans representing close to $1 trillion in assets, managers must understand the lobbying laws that may be applicable to soliciting investments from the state's plans, say Chelsea Childs and Catherine Skulan at Ropes & Gray.

• Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

  

  X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

• Why It's Time To Regulate Plan Data As An Asset

  

  With cyberattacks on the rise and the availability of artificial intelligence technology to the public, now is the time for the U.S. Department of Labor to regulate plan data as a plan asset to help protect participants from cybertheft and misuse, say attorneys at Michael Best.

• The Long Reach Of Proposed Security-Based Swaps Rule

  

  The U.S. Securities and Exchange Commission's proposed security-based swap reporting rule's public disclosure provision is novel and contentious, and if it's included in the final rule, it would be a fundamental change in market structure that could chill activity in the space and incentivize market participants to use alternative derivative instruments, says Andrew Blake at Sidley.

• Transaction Risks In Residential Mortgage M&A Due Diligence

  

  As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

• ABA's Money-Laundering Resolution Is A Balancing Act

  

  While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

• How Del. Cos. Weighed Officer Exculpation This Proxy Season

  

  One year after the Delaware General Corporation Law was amended to permit state corporations to exculpate covered officers, results from the 2023 proxy season show that companies are increasingly adopting the practice, despite some hurdles such as the need for supermajority approval, say attorneys at Weil.

• 2 High Court Cases Could Upend Administrative Law Bedrock

  

  Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.

• With Equity Markets Down, Venture Lending Provides Solution

  

  Given the growth of private debt funds, new entrants in the market and equity markets remaining sluggish, more borrowers are turning to venture debt financing, with long-standing venture funds offering flexibility and expertise without the risks of larger banks, says Jennifer Post at Thompson Coburn.

• Future Of NFTs Uncertain As SEC Takes Hawkish Approach

  

  The U.S. Securities and Exchange Commission's recent and first non-fungible token enforcement action against Impact Theory raises questions about the future of digital assets and the SEC's broad interpretation of securities law, and there will be no safe space for digital assets until courts or Congress clarify the issue, says Alex More at Carrington Coleman.

• Law Firm Professional Development Steps To Thrive In AI Era

  

  As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

• 5 Takeaways From SEC's First Marketing Rule Action

  

  The U.S. Securities and Exchange Commission's recent settlement — the first under the amended marketing rule — with Titan Global on charges that the fintech company misled investors shows investment advisers that they should expect close scrutiny of marketing materials and that their questions will only be answered through SEC enforcement, say attorneys at Mayer Brown.

• Previewing Big Changes To NY's Finance Cybersecurity Rules

  

  With the New York State Department of Financial Services likely to significantly amp up its cybersecurity requirements for financial institutions later this year, covered entities should prepare to adapt their technical security safeguards and employee protocols to comply with the proposed amendments, say attorneys at Squire Patton.