S&C Critical Insights

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.

 

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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.

Hydrogen: Investment Structuring Considerations

In the second episode of S&C’s Critical Insights podcast series on hydrogen, Craig Jones, Inosi Nyatta and Sam Saunders consider areas where additional government support for hydrogen energy may be needed. They also provide an overview of key investment structuring issues for developers, financiers and counsel aiming to scale up hydrogen sustainably, including multi-project, market and technology risks.

Hydrogen: An Overview of Current and Proposed Government Policies

In this episode of S&C’s Critical Insights podcast, Inosi Nyatta, co-head of the Firm’s global Project Development & Finance practice, Jon Hannah and Zyad Wright discuss why hydrogen has been pushed to the forefront of the energy agenda. They explore the government policies that are giving it momentum globally, including in the United States, EU, Asia-Pacific and Latin America.

Supreme Court Limits FTC’s Remedial Authority in AMG Capital Management v. FTC

In this episode of S&C’s Critical Insights podcast, Alex Willscher, deputy managing partner of the Firm’s Criminal Defense & Investigations Group and Judd Littleton, co-head of the Supreme Court and Appellate Practice, discuss the Supreme Court’s recent decision in AMG Capital Management v. FTC, a ruling the FTC says could “significantly impair” its ability to execute its law enforcement mission.

The Justices unanimously ruled that Section 13(b) of the FTC Act does not give the FTC the authority to seek equitable monetary relief, such as restitution or disgorgement. This ruling is a setback to the FTC, which has pursued monetary remedies under Section 13(b) as its main enforcement weapon for decades. The FTC is expected to pursue a legislative fix with Congress as a result of the decision, and may also rely more heavily on other administrative remedies.

Following up on their prior podcast previewing the case, Alex and Judd discuss the issues at stake, the Supreme Court’s reasoning and the implications for the FTC and other federal agencies authorized to pursue monetary relief for consumers.