Expert Analysis

• Private Equity Firms Shouldn't Overlook Cybersecurity Risks

  

  Given the operational, financial and reputational costs at stake, and the growing threat of cybercrime, cybersecurity should be central to deal making, internal governance and post-acquisition management for private equity firms, say Ray Bogenrief and William Ridgway at Skadden.

• Assessing Overlapping Boards After DOJ Crackdown

  

  The U.S. Department of Justice’s recent targeting of interlocking directorates raises questions about the scope of applicable antitrust law, including when companies will be considered competitors, whether the statute reaches potential competitors, and how companies can avoid price-fixing or market allocation charges, say attorneys at Cooley.

• NY AG's Digital Asset Proposal Shouldn't Be Taken Lightly

  

  Given New York state's prominence both in the digital asset industry and as a proving ground for state regulatory innovation, all digital asset industry participants should take seriously New York Attorney General Letitia James' legislative proposal to tighten crypto regulation, say attorneys at WilmerHale.

• Lessons On Corporate Fiduciary Duties From Del. M&A Case

  

  The recent decision in New Enterprise Associates v. Rich, which held that a contractual covenant by certain stockholders not to challenge specific sales of the company was enforceable, highlights that the Delaware Court of Chancery generally is likely to be receptive to waivers of fiduciary duties that are agreed by sophisticated stockholders, say attorneys at Fried Frank.

• Failed Tegna Deal Reveals Increasing Merger Review Hurdles

  

  A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• A Look At Corwin Cleansing After Chancery Edgio Ruling

  

  The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• 4 Areas Of Heightened Antitrust Risk In Private Equity

  

  Antitrust enforcement and litigation are moving from portfolio companies to the private equity firms that invest in them, and a few areas of elevated risk stand out, say Ann O’Brien and Lindsey Collins at Sheppard Mullin.

• Tips For In-House Legal Leaders In A Challenging Economy

  

  Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

• M&A Considerations For European Cos. Acquiring US Entities

  

  As investment banks forecast a resurgence of mergers and acquisitions later this year, European companies seeking to acquire U.S. businesses should be aware of key procedural differences and federal regulatory requirements that will affect the process, timing and terms of the transaction, say attorneys at Mintz.

• Compliance Considerations For Financial Institutions Using AI

  

  Financial institutions that adopt innovative and disruptive artificial intelligence technology to improve their offerings in the coming months will need to take appropriate steps to ensure they remain on the right side of any lines drawn by U.S. and international regulators, say Timothy Spangler and Linda Ann Bartosch at Dechert.

• What Associates Need To Know Before Switching Law Firms

  Excerpt from Practical Guidance

  

  The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

• FHFA Plans Forecast The Year Ahead In Affordable Housing

  

  This year attorneys in the affordable housing sector can expect to see developers utilizing the financing tools included in Freddie Mac and Fannie Mae's updated equitable housing finance plans, including various sponsor-elected programs and Freddie's forward commitment initiative, say Evan Blau and Beth Budnick at Cassin & Cassin.