S&C Critical Insights

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November 19, 2020  
November 17, 2020  

S&C Critical Insights – An Overview of the Equator Principles 4

In this episode of S&C’s Critical Insights podcast series, Inosi Nyatta, co-head of S&C’s global Project Development & Finance practice, and associate Sarah Mishkin discuss the Equator Principles, one of the most widely adopted environmental, social and governance (ESG) standards in the financial sector. Inosi and Sarah provide an overview of Equator Principles 4, released October 1, 2020.

 

Inosi and Sarah also explore key changes arising under the updated Equator Principles, as the focus on ESG considerations grows. Finally, they discuss how project sponsors and developers might adapt to the updated Equator Principles, as more stringent environmental and social responsibility requirements now apply to a wider range of projects and financing transactions.

November 13, 2020  

S&C Critical Insights – Treasury Department Advisories on Ransomware Attacks

In this episode of S&C’s Critical Insights podcast series, Nicky Friedlander, co-head of S&C’s Cybersecurity Practice, and Eric Kadel, co-head of the Firm’s Economic Sanctions and Financial Crime practice, are joined by associate Trevor Chenoweth to discuss two recent Treasury Department advisories on payments made in connection with ransomware attacks.

 

Nicky and Eric provide an overview of ransomware, malicious software used by cybercriminals to encrypt computer systems and data until a demand for ransom is paid. They explain the new advisories issued by the Financial Crimes Enforcement Network concerning the need for financial institutions to detect and report ransomware payments, and by the Office of Foreign Assets Control concerning the risks of transacting with sanctioned parties in connection with ransomware attacks.  Nicky and Eric explore why both agencies have released these advisories, what banks should do if they know a requested payment will be made in connection with a ransomware attack, and potential future enforcement in this area.

November 3, 2020  

S&C Critical Insights – Project Finance Trends in Latin America

In this episode of S&C’s Critical Insights podcast series, Sergio Galvis, head of S&C’s Latin America practice, Inosi Nyatta, co-head the Firm’s global Project Development & Finance practice and Benjamin Kent, special counsel in the Firm’s General Practice Group, discuss project finance trends in Latin America, with a focus on the mining sector. The group considers what a recovery from the COVID-19 pandemic might look like in the region and explores the direction future financings might take. They also consider the growing influence of ESG criteria on project financings in the region and highlight some of the work S&C has done in this field.

October 19, 2020  

S&C Critical Insights – Lessons From the 2020 Proxy Season: Board Diversity

In this episode of S&C’s Critical Insights podcast series, Marc Treviño, co-head of S&C’s Corporate Governance practice and managing partner of its Executive Compensation Group, is joined by Annie Ostrager, co-head of the Firm’s Labor & Employment Group, to discuss lessons from the 2020 proxy season on board diversity.

 

This season was the first time U.S. public companies received a meaningful number of shareholder proposals specifically emphasizing the issue of racial diversity on boards. Marc and Annie highlight why this topic continues to be important for investors and corporate stakeholders. They also explore recent litigation centered on breaches of fiduciary duty and other allegations related to failures to achieve diversity on the board.

 

Click here to learn more about S&C’s 2020 Proxy Season Review and watch our recent webinar.

October 13, 2020  

S&C Critical Insights – Lessons From the 2020 Proxy Season: Human Capital Proposals

In this episode of S&C’s Critical Insights podcast series, Marc Treviño, co-head of the Firm’s corporate governance practice and managing partner of its executive compensation group, discusses how the COVID-19 pandemic and other recent events may increase the prevalence of human capital proposals submitted by shareholders following the 2020 proxy season. Marc explores why more companies are likely to adopt or expand public disclosure on human capital management next year in response to growing pressure from investors and regulators. He also outlines changes to expect for specific categories of human capital proposals, including those related to diversity, arbitration and social capital.

Click here to learn more about S&C’s 2020 Proxy Season Review and watch our recent webinar.

October 8, 2020  

S&C Critical Insights – Lessons From the 2020 Proxy Season: Virtual Shareholder Meetings

In this episode of S&C’s Critical Insights podcast series, Melissa Sawyer, M&A partner and co-head of the Firm’s Corporate Governance & Activism Practice, discusses the impact of the COVID-19 pandemic on shareholder meetings for U.S. issuers during the 2020 proxy season, when meetings were largely virtual for the first time. Melissa provides an overview of how companies and stakeholders have reacted to the shift. She also looks ahead to how the evolving expectations of investors might affect the format of meetings in 2021.
 
For more information on this topic, listen to Melissa’s previous podcast on earlier developments in legal requirements for the implementation of virtual shareholder meetings.
 
Click here to learn more about S&C’s 2020 Proxy Season Review and watch our recent webinar.

September 16, 2020  

S&C Critical Insights – Developing a Robust Multi-National Compliance Program

In this episode of S&C’s Critical Insights podcast series, Litigation partner Brendan Cullen and special counsel Tony Lewis discuss key considerations for companies in building and sustaining an effective compliance program. They provide an overview of guidance from U.S. enforcement agencies, including the DOJ and OFAC; explore issues that can arise for companies with multi-national operations; and conclude with a few best practices.

 

For more information on this topic, download Part 2, Chapter 4 of Latin Lawyer’s The Guide to Corporate Compliance here, authored by Brendan and Tony.

September 2, 2020  

S&C Critical Insights – Updates to Anti-Fraternization Policies and Issues Raised by McDonald’s

In this episode of S&C’s Critical Insights podcast series, Annie Ostrager, co-head of the Firm’s Labor and Employment Law Group, and Liz Cassady, special counsel in the Firm’s Litigation Group, update their previous podcast on anti-fraternization policies. Annie and Liz examine recent shareholder derivative litigation against McDonald’s Corporation that reinforces the need to consider the scope of any investigation of alleged breaches of company policies. They also discuss the importance of leadership when establishing a workplace culture that recognizes the impact of anti-fraternization policies.

September 1, 2020  

Supreme Court Business Review: Criminal Defense and Investigations in Kelly and Liu

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Nicky Friedlander and Kamil Shields, members of S&C’s Criminal Defense and Investigations Group, in a continuation of S&C’s Supreme Court Business Review podcast series.

Former federal prosecutors Nicky and Kamil discuss two of the Supreme Court’s decisions from last term in the criminal defense and investigations area. First, they discuss Kelly v. United States, which overturned the convictions in the so-called “Bridgegate” scandal, limiting the reach of the federal fraud statutes.  Second, they discuss Liu v. SEC, which considered the scope of the SEC’s disgorgement authority in federal court. Nicky and Kamil share their insights on the implications of these decisions for businesses and practitioners.

S&C’s Criminal Defense & Investigations

Lawyers in the Firm’s Criminal Defense and Investigations Group (CDIG) represent clients around the world in high-stakes matters relating to white-collar criminal defense, regulatory enforcement and internal investigations. The group includes 12 former federal and state prosecutors; former bank regulatory counsel; and leading practitioners in banking, securities and commodities regulation and enforcement. The team boasts extensive trial experience, having collectively handled more than 125 criminal trials in federal and state courts.

S&C’s Appellate Practice

S&C’s appellate practice draws on the experience of 11 former U.S. Supreme Court clerks and more than 160 clerks to judges on all 13 federal courts of appeals and many state courts and international tribunals. S&C lawyers have achieved success for the Firm’s clients in cases before the U.S. Supreme Court, federal courts of appeals and administrative agencies, state supreme and appellate courts, and numerous international tribunals.

S&C’s Litigation Practice

Our Litigation Group draws upon S&C’s deep experience in corporate, financial and transactional law, forming integrated teams that handle any issue that may arise. We manage matters through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.

 

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