S&C Critical Insights

Business Continuity Planning for Boards During COVID-19

In this episode of S&C’s Critical Insights podcast series, M&A partners Eric Krautheimer and Melissa Sawyer discuss business continuity planning in light of the COVID-19 pandemic. Eric and Melissa review proactive steps boards can take in the best interest of their corporation while fulfilling their role as fiduciaries.

Emerging Issues in Private Securities Litigation

In this episode of S&C’s Critical Insights podcast series, partners Jeff Scott and Julia Malkina review trends and emerging issues in private securities litigation. Topics include the record number of securities class actions filed last year, how state court proceedings have changed post-Cyan, and updates related to the COVID-19 pandemic.

Trends and Priorities in SEC Enforcement

In this episode of S&C’s Critical Insights podcast series, partners Jeff Scott and Julia Malkina discuss the priorities of the SEC’s Enforcement Division, as well as enforcement trends as reflected by the types and volume of enforcement actions that the SEC has brought during the last two years. They also offer guidance for handling SEC investigations in light of the agency’s priorities.

Best Practices for Boards Navigating Bankruptcy

In this episode of S&C’s Critical Insights podcast series, Melissa Sawyer and Marc Treviño, co-chairs of the Firm’s Corporate Governance practice, discuss best practices for boards of companies facing bankruptcy. The COVID-19 pandemic has forced many companies across a range of sectors to confront insolvency issues. Marc and Melissa provide an overview of the fiduciary duties of directors in these situations and identify potential opportunities and pitfalls.

An Overview of Deed-In-Lieu Transactions in Commercial Real Estate

In this episode of S&C’s Critical Insights podcast series, Benjamin Weber, partner in the Firm’s Commercial Real Estate Group, is joined by associate Jason Wasser to provide an overview of a transaction in which the mortgage borrower cedes its interest in commercial real estate to the lender in a negotiated arrangement in lieu of foreclosure. The COVID-19 pandemic’s impact on commercial tenants is causing many owners and landlords to re-evaluate the equity in their commercial real estate. Benjamin and Jason highlight matters an owner should consider in preparation for such an arrangement.

Understanding Common Issues in Divestitures

In this episode of S&C’s Critical Insights podcast series, Annie Ostrager, co-head of the Firm’s Labor & Employment Group, M&A partner Matthew Goodman and Jeannette Bander, a partner in the Firm’s Executive Compensation Group, discuss common M&A, employment and compensation matters arising in divestitures, including issues that could present a risk of litigation.

Recent Developments in Foreign Investments and National Security

In this episode of S&C’s Critical Insights podcast series, Eric Kadel and Chris Mann, co-managing partners of the Firm’s Foreign Investments and Trade Regulations practice, are joined by associate Manon Scales to discuss important recent developments in the area of foreign investments and national security. Topics include recently-proposed amendments to the CFIUS regulations regarding transactions that involve critical technologies, as well as a series of executive orders impacting foreign participation in the U.S. telecommunications and power sectors.

Communications Strategies for Corporate Crises – COVID-19 Update

Bob Giuffra and Paul Holmes, the CEO of North American operations at the global communications firm Finsbury, share their perspectives on corporations’ communications strategies during the COVID-19 crisis. They recommend navigating these new challenges by seeking legal, communications and government relations support early. They also discuss the importance of authenticity in corporate communications and real-time crisis management.

The Impact of the CARES Act on Healthcare M&A

S&C partners Frank Aquila, Matt Hurd, Rita-Anne O’Neill and Keith Pagnani discuss the impact of the CARES Act on M&A in the healthcare sector and the role of private equity investors in the near and mid-term.

Frank and Matt explore how an influx of liquidity provided by the CARES Act is driving transformative deals, with a particular focus on telehealth. Private equity, Rita notes, has long been a significant player in healthcare deals, a trend that is likely to continue following the pandemic.  

CFTC Releases New Guidance on Civil Monetary Penalties

In this episode of S&C’s Critical Insights podcast series, Katy McArthur and Ryne Miller, co-heads of the Firm’s Commodities, Futures & Derivatives Practice, discuss a recent release from the CFTC’s Division of Enforcement that updates guidance on relevant factors it considers when enforcing civil monetary penalties. Ryne and Katy outline the updated guidance and explain the reasons behind the  timing of the release. They also explore the implications of the new guidance for defense counsel and entities under investigations.

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