Expert Analysis

• SVB Collapse Reinvigorates Bank Accounting Debate

  

  Silicon Valley Bank's sudden collapse revives questions over whether fair value or amortized cost accounting is the most appropriate for banks' financial reporting — a controversy that's crucial for understanding what information could have helped market participants better understand SVB's financial condition, say consultants at Analysis Group.

• Data-Driven Insights Are Key To Attracting Today's Clients

  

  As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.

• Planning For A Potential Dodd-Frank Revamp Post-SVB

  Excerpt from Practical Guidance

  

  An overhaul of the previous rollback of Dodd-Frank may occur in the near future, meaning banks that could be bumped up to a more restrictive category under the act's enhanced prudential standards should prepare for more frequent supervisory stress tests and stringent liquidity requirements, says Eric Yoon at K&L Gates.

• Ghosting In BigLaw: Why Better Feedback Habits Are Needed

  

  Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.

• Tips For Negotiating With A Swap Dealer In Distress

  

  The rights of a party to terminate a qualified financial contract with a collapsing bank can be complicated, but ensuring possession of an executed guarantee and having relationships with more than one swap dealer can absorb some of the economic and operational fallout of dealing with a swap counterparty in distress, says Elanit Snow at Proskauer.

• SVB Collapse Underscores Policy And Regulatory Pitfalls

  

  The recent failures of three American banks reveal hidden vulnerabilities, raise concerns about moral hazard, and highlight the need for tighter regulation and closer monitoring of unrealized investment-portfolio losses in the U.S. banking system, says attorney Patrick Meson.

• Rebuttal

  Law Needs A Balance Between Humanism And Formalism

  

  A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

• What SBF's FCPA Charge Means For Crypto Enforcement

  

  The recent addition of a Foreign Corrupt Practices Act charge in federal prosecutors’ case against FTX founder Samuel Bankman-Fried appears to be the first crypto-related indictment under the statute, and by using yet another tool in its arsenal, the government is showing it will continue to aggressively crack down on crypto crime, say attorneys at Lewis Brisbois.

• NY Bankruptcy Court Pivots On Commercial Rent Damage Cap

  

  A New York bankruptcy court departed from its prior precedent in the recent Cortlandt Liquidating case, effectively lowering the commercial rent damages cap, and making the court a little less friendly for landlords but potentially an attractive venue for debtors planning to reject significant commercial leases, say attorneys at MoFo.

• Short Message Data Challenges In E-Discovery

  

  As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

• Bankruptcy Sales Uncertain After Justices' Section 363 Ruling

  

  The U.S. Supreme Court's holding in MOAC v. Transform that Section 363(m) of the Bankruptcy Code is not a jurisdictional provision means parties to 363 sales are now at the mercy of courts that may have differing perspectives on the issue, creating uncertainty for trustees, third parties and purchasers, say Thomas Loeb and Carrie Brosius at Vorys.

• Opinion

  Thomas Report Is Final Straw — High Court Needs Ethics Code

  

  As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

• Joint Representation Ethics Lessons From Ga. Electors Case

  

  The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

• Pa. Ruling Sheds New Light On Ch. 9 Eligibility Requirements

  

  A Pennsylvania bankruptcy court’s recent ruling that the city of Chester qualified for municipal bankruptcy relief provides insight into the finer points of Chapter 9 eligibility, including the requirements for debtor insolvency, state law authorization and good faith negotiation, say attorneys at Cadwalader.

• Lawyer Discernment Is Critical In The World Of AI

  

  In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.