S&C Critical Insights

In this episode of S&C’s Critical Insights, Annie Ostrager and Kamil Shields discuss the recent increased focus by the Department of the Treasury, the Securities and Exchange Commission, and the Department of Justice on the use of whistleblowers in investigations involving alleged money laundering and corruption. Annie and Kamil address the role of whistleblowers in these matters from multiple angles, including regulatory, criminal and employment perspectives.

In this episode of S&C’s Critical Insights, David Rein and Julia Malkina discuss the Supreme Court’s recent grant of certiorari in Pivotal Software v. Zhung Tran. The issue before the Court is whether the automatic stay of discovery pending a motion to dismiss for securities actions in federal court also applies in state court. David and Julia discuss how this issue has been decided in state courts, the key issues and arguments likely to be presented to the Supreme Court, and the implications that might result from the Court’s eventual decision.

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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.

 

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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.

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.

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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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.

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.

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.

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.