While the loan markets have yet to adopt SOFR as a replacement benchmark to LIBOR, lenders and borrowers have started using the ARRC’s fallback provisions or variations thereof in credit agreements. However, in almost all cases credit agreements continue to contain other standard provisions that arguably are inconsistent with the ARRC provisions and should be removed. More

The Hedge Fund Law Report has published an article by Friedman Kaplan litigation partner Anne Beaumont discussing the implications for hedge fund managers of the SEC's July 12, 2019 Staff Statement on LIBOR Transition.  More

In an article published by Private Equity Law Report, Partners Anne Beaumont and Lance Gotko provide an overview of the SEC’s whistleblowing rules, summarize key SEC and EEOC enforcement actions over the last several years, and offer practical advice to private equity firms on how to avoid running afoul of the applicable rules. More

What’s happening right now in the world of LIBOR transition? Friedman Kaplan’s LIBOR Transition Task Force sees five big trends. More

In the article, Ms. Beaumont discusses legislation that the Alternative Reference Rates Committee (ARRC) of the Federal Reserve Board of Governors and the Federal Reserve Bank of New York are considering asking the New York State Legislature to pass that would apply to certain types of existing or “legacy” contracts referencing Libor.  More

Friedman Kaplan litigation partner Anne Beaumont was quoted extensively in ACA Compliance Group's February 25, 2019 issue of ACA Insight in an article on investment advisory firms' need to prepare for the coming transition away from the LIBOR interest rate benchmark. More

2018 was a blockbuster year for the telecommunications industry. Sprint and long-time firm client T-Mobile agreed to merge; AT&T closed its deal for the acquisition of Time Warner Inc.; Disney acquired Fox; and Comcast acquired Sky – a transaction with which the firm was tangentially involved. More

Among the significant changes effectuated in 2018 to Federal Securities laws and regulations are amendments to existing regulations that (i) ease periodic reporting requirements for smaller public companies; (ii) allow public reporting companies to utilize an additional exemption for securities offerings; and (iii) expand private companies’ ability to issue stock, options or other securities under compensatory benefit plans. In addition, the Securities and Exchange Commission gave guidance on cyber-related disclosure issues and fraud. This article summarizes these changes and guidance. More

The announced discontinuation of the London Interbank Offered Rate (LIBOR) at the end of 2021 has the potential to be the “Y2K bug” of the financial sector: for firms that devote proper attention and resources on an ongoing basis, it should be more or less a non-event, while those that fail to address it face serious economic, operational and legal consequences. Firms of all shapes and sizes – large and small, financial and non-financial – should already be acting to protect their interests. More

Both the State of New York and New York City have enacted new legislation addressing sexual harassment in the workplace. More

In 2018, Friedman Kaplan launched our Israel Practice, headed by Asaf Reindel. The Israel Practice represents Israeli companies in connection with their US operations (including entity formation, employment matters, commercial agreements, debt and equity financing, M&A transactions, litigation, and many other aspects of their U.S. operations). We also represent U.S. clients doing business in Israel. More