S&C Critical Insights

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.

Private Securities Litigation: Trends and Emerging Issues

In this episode of S&C’s Critical Insights podcast, Steve Peikin, head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Enforcement Division, and Jeffrey Scott and Julia Malkina, co-leads of the Firm’s Securities Litigation Practice, discuss recent trends in private securities litigation. They explore how the COVID-19 pandemic, an influx of SPAC-driven IPOs, state court proceedings post-Cyan and ESG disclosures are driving emerging issues in this field.

SEC Enforcement: Trends and Practice Guidance

In this episode of S&C’s Critical Insights podcast, Steve Peikin, the head of the Firm’s Securities & Commodities Investigations & Enforcement Practice and former co-director of the SEC’s Enforcement Division, and Jeffrey Scott and Julia Malkina, co-leads of the Firm’s Securities Litigation Practice, discuss the priorities of the SEC’s Enforcement Division. They explore recent enforcement trends and offer practice guidance for the handling of enforcement investigations in light of the SEC’s priorities.

Key Considerations for M&A in Post-Brexit UK

In this episode of S&C’s Critical Insights podcast, Ben Perry and Juan Rodriguez discuss key M&A considerations that have arisen since the end of the Brexit transition period. They explore the impact that the end of the transition period has had on merger control notifications, recent updates from the UK Competition and Markets Authority, and the long-running process of “onshoring” EU law into UK domestic law.

Industry and Regulatory Considerations for Healthcare Company Boards

In this episode of S&C’s Critical Insights podcast, Frank Aquila, Global Head of M&A, and Melissa Sawyer, co-head of our Corporate Governance & Activism practice, examine industry and regulatory trends that will shape boardroom discussions at healthcare companies. Frank and Melissa discuss how regulatory activity in other sectors might inform the healthcare industry’s interactions with regulators. They also explore what boards should be thinking about as companies prepare to announce large healthcare acquisitions.

 

For more information, visit us at Sullcrom.com.

Industry and Regulatory Trends for Health Insurers

In this episode of S&C’s Critical Insights podcast, Frank Aquila, Global Head of M&A, and Keith Pagnani, co-head of our Healthcare & Life Sciences group, examine industry and regulatory trends related to health insurers that will shape healthcare M&A. Frank and Keith discuss the rise of vertical mergers in the healthcare industry and why this trend continues to accelerate. They also explore how the shift to a value-based care system under the Affordable Care Act is incentivizing the removal of siloes in the healthcare industry.

Industry and Regulatory Trends in Pharmaceutical M&A

In this episode of S&C’s Critical Insights podcast, Frank Aquila, Global Head of M&A, and Matt Hurd, co-head of our Healthcare & Life Sciences group, examine industry and regulatory trends that will reshape pharmaceutical M&A in the coming years. Frank and Matt explore how innovation continues to drive new deal-making opportunities in the pharmaceutical industry, most recently in the development of non-traditional vaccine technologies. They also discuss the current deal landscape in pharmaceutical M&A and what we can expect from the market in the rest of 2021.

Will the EU Destroy Investor-State Arbitration?

In this episode of S&C’s Critical Insights podcast, Joe Neuhaus, head of the Firm’s arbitration practice, and Stewart Robertson, co-head of the Firm’s global project development and finance group, discuss the most recent meeting of the United Nations Commission on International Trade Law’s Working Group III, which is evaluating proposed reforms to investor-state dispute settlement (ISDS). Joe and Stewart provide an overview of the existing arbitral model of ISDS, and criticisms of it. They explore a radical proposal being considered by Working Group III to move away from the arbitral ISDS model and towards the creation of a multilateral investment court, a move supported by the European Union.