S&C Critical Insights

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.

 

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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.

Hot Topics in Healthcare Antitrust

In this episode of S&C’s Critical Insights podcast, Matthew Hurd, a leader of the Firm’s pharma and life science practice, and Sophie Vandergrift, a leader of the Firm’s antitrust in this area, discuss hot antitrust topics in healthcare M&A. They explore how pharmaceutical and biotech combinations are likely to be affected by the Biden/Harris administration’s approach to antitrust. They also discuss the antitrust reform bill recently introduced by Senator Amy Klobuchar.

Early Settlement Offers and Offers of Judgment in Products Liability Cases

In this episode of S&C’s Critical Insights podcast, Bill Monahan, head of the Firm’s Products Liability & Mass Torts Group, and associate Andrew Kaufman discuss two often overlooked, but important tools in defending against consumer fraud claims in products cases: early settlement offers and offers of judgment. Bill and Andrew explore the strategic benefits and challenges of deploying these as risk-shifting litigation defense tactics.

Federal Banking Agencies Propose Required Cyber Incident Notifications

In this episode of S&C’s Critical Insights podcast, Jared Fishman, a partner in S&C’s Financial Services and Capital Markets Groups, and Tony Lewis, special counsel in S&C’s Litigation Group and Cybersecurity practice, discuss a rule proposed by the Federal Reserve, the OCC and the FDIC to address cybersecurity incidents. The proposed rule would require banking organizations to notify their regulator of certain kinds of cybersecurity incidents, and also require bank service providers to notify their banking-organization customers when they experience cybersecurity incidents.

 

Jared and Tony discuss some of the background for this proposal, the new requirements this proposal would impose, and takeaways for organizations that could be affected.