S&C Critical Insights

Developing a Robust Multi-National Compliance Program

In this episode of S&C’s Critical Insights podcast series, Litigation partner Brendan Cullen and special counsel Tony Lewis discuss key considerations for companies in building and sustaining an effective compliance program. They provide an overview of guidance from U.S. enforcement agencies, including the DOJ and OFAC; explore issues that can arise for companies with multi-national operations; and conclude with a few best practices.

 

For more information on this topic, download Part 2, Chapter 4 of Latin Lawyer’s The Guide to Corporate Compliance here, authored by Brendan and Tony.

Updates to Anti-Fraternization Policies and Issues Raised by McDonald’s

In this episode of S&C’s Critical Insights podcast series, Annie Ostrager, co-head of the Firm’s Labor and Employment Law Group, and Liz Cassady, special counsel in the Firm’s Litigation Group, update their previous podcast on anti-fraternization policies. Annie and Liz examine recent shareholder derivative litigation against McDonald’s Corporation that reinforces the need to consider the scope of any investigation of alleged breaches of company policies. They also discuss the importance of leadership when establishing a workplace culture that recognizes the impact of anti-fraternization policies.

Supreme Court Business Review: Criminal Defense and Investigations in Kelly and Liu

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Nicky Friedlander and Kamil Shields, members of S&C’s Criminal Defense and Investigations Group, in a continuation of S&C’s Supreme Court Business Review podcast series.

Former federal prosecutors Nicky and Kamil discuss two of the Supreme Court’s decisions from last term in the criminal defense and investigations area. First, they discuss Kelly v. United States, which overturned the convictions in the so-called “Bridgegate” scandal, limiting the reach of the federal fraud statutes.  Second, they discuss Liu v. SEC, which considered the scope of the SEC’s disgorgement authority in federal court. Nicky and Kamil share their insights on the implications of these decisions for businesses and practitioners.

S&C’s Criminal Defense & Investigations

Lawyers in the Firm’s Criminal Defense and Investigations Group (CDIG) represent clients around the world in high-stakes matters relating to white-collar criminal defense, regulatory enforcement and internal investigations. The group includes 12 former federal and state prosecutors; former bank regulatory counsel; and leading practitioners in banking, securities and commodities regulation and enforcement. The team boasts extensive trial experience, having collectively handled more than 125 criminal trials in federal and state courts.

S&C’s Appellate Practice

S&C’s appellate practice draws on the experience of 11 former U.S. Supreme Court clerks and more than 160 clerks to judges on all 13 federal courts of appeals and many state courts and international tribunals. S&C lawyers have achieved success for the Firm’s clients in cases before the U.S. Supreme Court, federal courts of appeals and administrative agencies, state supreme and appellate courts, and numerous international tribunals.

S&C’s Litigation Practice

Our Litigation Group draws upon S&C’s deep experience in corporate, financial and transactional law, forming integrated teams that handle any issue that may arise. We manage matters through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.

 

Implications of the Ninth Circuit's Qualcomm Patent Licensing Decision

In this episode of S&C’s Critical Insights, Garrard Beeney, co-head of the Firm’s Intellectual Property and Technology Group, is joined by Antitrust Special Counsel Sophie Vandergrift to discuss the Ninth Circuit’s recent decision in the FTC’s suit against Qualcomm over its patent licensing program. The opinion overturned the district court’s ruling for the FTC, and handed Qualcomm a resounding victory. Garrard and Sophie provide an overview of the Ninth Circuit’s decision, discuss some of the Court’s key holdings, and offer thoughts about the decision’s implications for patent holders, companies doing business with patent holders, and dynamic technology markets in general.

Supreme Court Business Review: Labor & Employment in Bostock and Comcast

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Julie Jordan and Annie Ostrager, co-heads of the Firm’s Labor and Employment Group, in a continuation of S&C’s Supreme Court Business Review podcast series.

 

Julie and Annie discuss two recent employment law developments at the Supreme Court. First, they review the much-awaited decision in Bostock v. Clayton County, Georgia, a case holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. Next, they explore Comcast v. National Association of African American-Owned Media, a decision determining the causation standard for race discrimination claims under Section 1981 of the Civil Rights Act of 1866. Julie and Annie share their insights on the implications of these decisions for businesses and employment law practitioners. 

Supreme Court Business Review: Arbitration in GE Energy and Schein II

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Joe Neuhaus and Andrew Finn, co-heads of S&C’s Arbitration Practice, in a continuation of S&C’s Supreme Court Business Review podcast series.

Joe and Andrew discuss two recent arbitration developments at the Supreme Court. First, they review the recent decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, which addresses when persons who did not sign an arbitration agreement can nevertheless pursue arbitration in international cases. Second, they discuss the grant of certiorari in Henry Schein v. Archer & White Sales on its return to the Supreme Court to consider again the circumstances under which a court rather than arbitrators may decide whether a case is subject to arbitration.

Recent M&A and Litigation Developments in Delaware

In this episode of S&C’s Critical Insights podcast series, Litigation partners John Hardiman and Brian Frawley join M&A partner Matt Goodman to provide an overview and analysis of recent Delaware corporate law developments. The partners explore new guidance on the Delaware Supreme Court’s decision in Kahn v. M&F Worldwide that provides a safe harbor for controlling stockholder buyouts, updates to the law governing Caremark claims, recent trends in books and records requests under Delaware law and litigation related to the COVID-19 pandemic.

Supreme Court Business Review: Series Overview and Seila Law v. CFPB

In this episode of S&C’s Critical Insights, litigation partners Judd Littleton and Julia Malkina introduce a new series of podcasts to accompany S&C’s Supreme Court Business Review. The Review provides concise summaries of the most relevant decisions from each Term in the commercial sphere and offers practical guidance on their implications. Judd and Julia preview upcoming episodes before discussing the Supreme Court’s June 29 decision in Seila Law v. CFPB, in which the Court considered a constitutional challenge to the statutory limits on the President’s ability to remove the Director of the Consumer Financial Protection Bureau.

Fiduciary Duty Conversations During COVID-19: Ways to Save a Business

S&C partners Jim Bromley and Andy Dietderich, the co-heads of our Global Restructuring practice, discuss strategies for boards confronting the “zone of insolvency” during the COVID-19 crisis.

 

While the pandemic has changed business-planning and liquidity discussions, fiduciary duties of care, loyalty and good faith remain constant, and boards can continue taking careful risks in a “zone of safety.” Andy and Jim discuss innovation in Delaware law for director duties and ways contingency planning can help save a business from ultimately filing for Chapter 11.

Anti-Fraternization Policies

In this episode of S&C’s Critical Insights podcast series, Annie Ostrager, co-head of the Firm’s Labor and Employment Law Group, and Liz Cassady, special counsel in the Firm’s Litigation Group, discuss anti-fraternization policies. Annie and Liz explain what these policies are, why they are becoming increasingly important, and what organizations need to consider when instituting them.