Expert Analysis

• Key Limited Partnership Provisions During Market Downturns

  

  With a recession potentially on the horizon, fund managers should carefully examine their funds' limited partnership agreements for items that may be affected by economic downturns, and assess whether modifications may be appropriate, says Matthew Posthuma at Ropes & Gray.

• Section 11 Implications Of The Justices' Slack Decision

  

  The U.S. Supreme Court's recent decision in Slack v. Pirani signals an openness to potentially dispositive tracing arguments where markets have developed beyond what was contemplated by the securities laws, so Section 11 litigants should give serious thought to the role of tracing, says Brittany Rogers at O’Melveny.

• 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.

• New OCC Bank Policies Signal More Stringent Enforcement

  

  The Office of the Comptroller of the Currency’s recent policy revisions include increasingly severe enforcement actions, delivering a stark warning to banks the regulator views as being too big to manage, say Jennifer Sutton and Rodgin Cohen at Sullivan & Cromwell.

• SEC's Redefinition Of 'Exchange' Would Mean More Confusion

  

  The U.S. Securities and Exchange Commission's proposed amendments to Rule 3b-16 would classify more platforms as exchanges or broker-dealers — including many cryptocurrency and decentralized finance systems — but the amendments' vagueness would create unnecessary regulatory risk and increased operational confusion, say attorneys at Morrison Foerster.

• 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.

• After The Bank Failures: Where Regulators Are Headed Next

  

  In the concluding installment of a two-part series reviewing the preliminary congressional and regulatory responses to the 2023 bank failures, Gordon Bava at Manatt breaks down policy and management deficiencies within the agencies that are revealed in a series of key agency reports.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• A Comparison Of 2 Bank Failures, With Regulatory Lessons

  

  Though the factors that contributed to the downfalls of Silicon Valley Bank and First Republic Bank were similar, differences in federal regulators' handling of the banks' sales — and the additional two weeks it took to find a buyer for SVB — may help illuminate how regulators can improve their response to future financial panic, say attorneys at Lewis Brisbois.

• How The US And UK Differ On Crypto Regulation

  

  While the U.K. and U.S. share strong economic ties, their approaches to crypto regulation differ wildly, with the U.K. setting bespoke rules through legislation and the U.S. taking a fragmented, and arguably hostile, approach to regulating crypto-assets, most often happening through enforcement, say attorneys at BCLP.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Tips For Making The Most Of Blockchain Analysis

  

  The abundance of blockchains and the sheer size of the data stored on each can make processing and analyzing them challenging, but with data in hand, the blockchain mystery begins to unravel, and the transactions, value transfers and smart contract events are much easier to follow, say analysts at Cornerstone Research.

• After The Bank Failures: What To Watch In Congress

  

  In the first of a two-part series reviewing the preliminary congressional and regulatory responses to the 2023 bank failures, Gordon Bava at Manatt breaks down the three congressional bills introduced in the wake of the bank chaos and evaluates the Federal Deposit Insurance Corp.'s proposed deposit insurance alternatives.