Expert Analysis

• 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.

• Polarized ESG Debate Badly Serves The Public, Corporations

  

  The debate over ESG is rife with maximalist positions and a lack of clarity, distracting companies and the public from the fundamental risks and opportunities at the heart of the movement, say Emily Leitch at Shearman and Evan Slavitt at Paper Excellence.

• 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.

• Amid Recent Wins, SEC Crypto Authority Is Strong — For Now

  

  With a win against LBRY, an upcoming decision in litigation with Ripple Labs and a newly filed case against Bittrex, it's clear the U.S. Securities and Exchange Commission is utilizing the Howey test to go after the crypto industry, but Congress may place regulatory authority in the hands of a body other than the SEC, say Samuel Licker and Liza Kirillova at Michelman & Robinson.

• A Case For Sharing Mediation Statements With Counterparties

  

  In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

• How EU ESG Regs Affect US Financial Market Participants

  

  The European Commission recently confirmed that the Sustainable Finance Disclosure Regulation applies to all funds marketed in the EU, so affected U.S. financial market participants will need to consider the new guidance on principal adverse impacts, sustainable investments and promotion of carbon emissions reductions, say attorneys at Debevoise.

• The Recipe For A Strong Bank-Fintech Partnership Agreement

  

  When done well, bank-fintech partnership agreements establish the parties' core operational and financial responsibilities across both the product and relationship lifecycles and set a clear framework for managing changes and disputes throughout the relationship, say attorneys at Davis Wright.

• EB-5 Reform Continues To Weigh Heavily On Participants

  

  Recent U.S. Citizenship and Immigration Services guidance helps clarify aspects of the 2022 EB-5 Reform and Integrity Act, which increased oversight of EB-5 regional centers, but does not end the industry's continuing state of uncertainty, says Robert Divine at Baker Donelson.

• Working From Home? Beware Insider Trading, Tipping Risks

  

  The U.S. Securities and Exchange Commission has recently pursued traders who received material nonpublic information from loved ones while working from home, so those with work secrets should take extra precautions and inform family and friends of insider trading risks, say Dixie Johnson and Lauren Konczos at King & Spalding.

• 3 Key Areas Where Fintech And Sports Gaming Intersect

  

  Sports gaming operators cannot produce reliable and efficient products without the full participation and support of their fintech vendors and suppliers, so firms in both industries should follow developments and changing regulation in the arena, including state expansion of crypto-funded wagering and advancements in payment processing, say attorneys at Nelson Mullins.

• A Potent Tool For Boards In Derivative Litigation

  

  The recent Delaware Chancery Court ruling in Baker Hughes illustrates the crucial role special litigation committees play in maintaining board control over derivative litigation, even when the plaintiffs have excused demand on the board to bring the litigation based on the board's nonindependence or conflicts, say attorneys at Fried Frank.

• Preparing For Legal Scrutiny Of Data Retention Policies

  

  Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

• How Companies Should Prepare For Debt Ceiling Impasse

  

  Given the uncertainty about whether the U.S. government could hit the debt ceiling and how markets would react, companies should take some steps now, including discussing contingency plans with boards of directors, both to address future market dislocations and an actual default, say attorneys at Cleary.

• FTX Proceedings Highlight D&O Issues Amid Bankruptcy

  

  A Delaware bankruptcy judge’s recent refusal of Samuel Bankman-Fried's request to access FTX's directors and officers coverage serves as a reminder of the interplay of bankruptcy law and D&O insurance policies, and some best practices for policyholders when pursuing D&O coverage during bankruptcy, say Geoffrey Fehling and Justin Paget at Hunton.