S&C Critical Insights

Supreme Court Business Review: Series Overview, Collins v. Yellen and California v. Texas

In this episode of S&C’s Critical Insights, litigation partners Judd Littleton and Julia Malkina introduce the second annual podcast series accompanying S&C’s Supreme Court Business Review. The Review summarizes the decisions from each Term that are most relevant to business leaders, and offers practical guidance on the implications of those decisions.

 

Judd and Julia preview upcoming episodes and discuss two of the most interesting and closely watched business-related decisions from this Term: the Court’s June 23 decision in Collins v. Yellen, in which the Court considered a constitutional challenge to the statutory limits on the President’s ability to remove the director of the Federal Housing Finance Authority; and the Court’s June 17 decision in California v. Texas, in which the Court considered another legal challenge to the constitutionality of the Affordable Care Act.

 

Visit us at www.sullcrom.com

Updates From the Antitrust Agencies and Implications for Enforcement

In this episode of S&C’s Critical Insights, Renata Hesse, former Acting Assistant Attorney General of the Antitrust Division at the Department of Justice, and Sophie Vandergrift, former attorney in the Mergers IV Division of the FTC’s Bureau of Competition, discuss a flurry of recent developments at the U.S. antitrust agencies—including the confirmation of Big Tech critic Lina Kahn to the Federal Trade Commission—and the potential implications for companies engaged in M&A activity or who may otherwise be subject to antitrust scrutiny.

 

Visit us at www.sullcrom.com

Rodge Cohen, Karen Seymour and Jay Clayton Discuss Board Priorities in Podcast

Rodge Cohen, Karen Seymour and Jay Clayton discuss what board directors need to be focused on in 2021 in a S&C Critical Insights podcast. All three agreed that the “first, indeed, existential issue for every board” is cybersecurity. “The number of cyber attacks and their sophistication is increasing exponentially,” Rodge observed. Jay agreed, adding that “every company should have a regularized approach for the board to be informed about and consider its company’s cyber profile, the threats, the potential attacks, and the defenses.” Karen said that companies should always be preparing for and considering how they would respond to a potential cyber attack. “All of this should have been rehearsed,” she said, so that if an attack occurs, “this isn’t the first time you are thinking what would happen in a crisis.”

The partners also discuss topics ranging from ESG issues to executive compensation to the independence of board leadership.

Anti-Corruption Policy Updates from the Biden Administration

In this episode of S&C’s Critical Insights, Aisling O’Shea, co-head of the Firm’s FCPA and Anti-Corruption Group, and Kamil Shields, both members of the Firm’s Criminal Defense and Investigation Group, discuss recent policy statements from the Biden administration on its fight against corruption as a core national security priority. Aisling and Kamil provide an overview of the administration’s recent National Security Study Memorandum, the formation of task forces to operate in the Northern Triangle region, and recent G7 and US/EU statements on collective action from member nations against corruption. In addition to discussing the potential implications of these developments, they also explore how companies, including financial institutions, can start preparing for these anti-corruption initiatives by enhancing their financial crime compliance frameworks in advance of likely increased enforcement by U.S. authorities.

S&C Critical Insights – Antitrust Issues in No-Poach Agreements and Employee Compensation

In this episode of S&C’s Critical Insights, Joe Matelis and Samantha Hynes discuss what employers need to know about the changing antitrust ramifications of no-poach agreements and other agreements affecting employee compensation. They provide a brief background on U.S. antitrust law related to employee compensation, explore the indictments returned by the DOJ in late 2020 and early 2021 involving wage-fixing and no-poach agreements, and discuss steps employers can take to ensure that HR decisions affecting employee compensation comply with updated laws.

 

Visit us at www.Sullcrom.com

Will the Supreme Court Open the Floodgates to Discovery in International Arbitration?

In this episode of S&C’s Critical Insights, Joe Neuhuas and Andrew Finn discuss the U.S. Supreme Court’s decision granting certiorari in Servotronics Inc. v. Rolls Royce PLC. The case concerns the ability of U.S. courts to compel discovery in support of international arbitrations seated abroad and has important practical implications to counsel and users of international arbitration, who frequently favor arbitration because of its limited discovery rules and faster timeframes. The decision has the potential to finally resolve a circuit split over the availability of such discovery in international commercial arbitrations. Joe and Andrew provide context on the case and predict how it might play out in the Supreme Court.

Lessons from the Colonial Pipeline Ransomware Attack

In this episode of S&C’s Critical Insights, Nicky Friedlander, co-head of our Cybersecurity practice, and John Sarlitto discuss the recent ransomware attack on the Colonial Pipeline Company that led to disruption of fuel supplies on the East Coast.  Nicky and John discuss the significance of the attack, the challenges of deterring the perpetrators of ransomware, and what companies can do to avoid and mitigate the harm from a ransomware attack.

Energy M&A: Deal Activity in the Renewable Energy Sector

In the third and final episode of S&C’s Critical Insights series on energy M&A trends, Global Head of M&A Frank Aquila and partners George Sampas and Werner Ahlers discuss increased deal interest in renewable energy, including opportunities and potential targets. They also compare renewables M&A activity in the United States to other global development initiatives, including in the EU, Asia Pacific and Latin America.

Energy M&A: Oil & Gas and Other Traditional Energy Sources

In the second episode of S&C’s Critical Insights series on energy M&A trends, S&C’s Global Head of M&A Frank Aquila and partners George Sampas and Werner Ahlers discuss potential M&A trends in the oil & gas sectors throughout the remainder of the year. They explore how the uptick in corporate governance-focused ESG policies and the shifting priorities of capital availability will affect the sector and other traditional and transitional energy sources.

Energy M&A: The Impacts Under the Biden Administration

In the first episode of S&C’s Critical Insights series on energy M&A trends, S&C’s Global Head of M&A Frank Aquila and partners George Sampas and Werner Ahlers discuss energy dealmaking in 2020 and its prospects looking ahead into 2021. They also explore the early policy moves of the Biden Administration that are likely to impact energy M&A, including President Biden’s pledge to cut U.S. greenhouse gas emissions in half by 2030 and the unveiling of a $2 trillion infrastructure proposal with ample measures to curb climate change.