S&C Critical Insights

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.

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.

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.

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.

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.

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.

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.  

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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Sergio Galvis and Jack Devine, the founding partner and president of the Arkin Group, update listeners about crisis planning and protocols in view of the COVID-19 pandemic. In this episode of S&C’s Critical Insights podcast series, Sergio and Jack discuss how businesses operating in Latin America might prioritize revisions to their crisis protocols to account for pandemics and other unknown global risks.

The Arkin Group is an international risk consulting and strategic intelligence firm that specializes in crisis management, investigative research, and business problem solving. In a previous episode of S&C’s Critical Insights, Sergio and Jack present practical strategies for cybersecurity threats and creating crisis plans for companies doing business in Latin America. 

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S&C Partners and Latin Lawyer collaborate on The Guide to Corporate Crisis Management, Second Edition

In this episode of S&C’s Critical Insights podcast series, Tony Lewis and Kamil Shields, special counsels in the Firm’s Litigation Group, discuss the False Claims Act and related cybersecurity issues that have arisen due to the COVID-19 pandemic. The two former federal prosecutors explore why more companies, particularly in the technology sector, are doing business with the government to address healthcare and economic challenges, and how lagging cybersecurity practices might expose these companies to an FCA claim. They also discuss what the government must prove to assert a successful FCA claim, cybersecurity requirements for government contractors and present an overview of recent FCA cases.