S&C Critical Insights

Practical Advice for Crisis Preparedness in Latin America – COVID-19 Update

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

Updates To Cybersecurity Concerns Under COVID-19

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.

DOJ Criminal Division Updates Corporate Compliance Guidance

In this episode of S&C’s Critical Insights podcast series, Alex Willscher, Deputy Managing Partner of S&C’s Criminal Defense and Investigations Group, and Aisling O’Shea, co-head of the Firm’s FCPA and Anti-Corruption Group, discuss recent changes to the U.S. Department of Justice Criminal Division’s guidance on its evaluation of corporate compliance programs. Alex and Aisling identify key changes from the DOJ’s guidance this past April, unpack what the DOJ may be attempting to achieve with these changes, and explore considerations for corporate legal, compliance and other professionals in light of these updates.

For more information, visit us at Sullcrom.com.

New Treasury Rule Implements CFIUS Filing Fees

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, discuss the U.S. Department of the Treasury’s recent interim rule implementing filing fees for notices submitted to the Committee on Foreign Investment in the United States. Eric and Chris provide an overview of the current implementation and application of the rule, and consider how the new rule might affect calculating the value of a transaction for CFIUS purposes going forward.

For more information, visit us at Sullcrom.com.

S&C Critical Insights – M&A Leaders Discuss COVID-19 Impact on Dealmaking

Sullivan & Cromwell partners Frank Aquila, Scott Miller and Rita-Anne O’Neill discuss the impact of the COVID-19 pandemic on dealmaking, both in the short and long term.

As companies adopt collaborative technology facilitating remote work, the social aspect of negotiating and executing transactions will clearly be impacted. Scott notes that the relationship-building element is critical among principles to the early stages of the transaction. Despite it becoming more complex to push deals through, dealmakers will grow accustomed to the new norm. Similarly, Rita explains that in-person negotiating sessions are key to developing relationships with management teams in the private equity space, and will pick up again once it is safe to travel.

Looking ahead, Frank predicts that business leaders will use M&A as a tool, and although it will look different, M&A activity will be just as vital to the economic landscape as it was before.

For more information, visit us at Sullcrom.com.

Highlights from the ABA’s First Virtual Spring Meeting

In this episode of S&C’s Critical Insights podcast series, Renata Hesse, co-head of the Firm’s Antitrust Group, discusses the American Bar Association’s innovative approach to hosting this year’s Antitrust Law Spring Meeting. Due to the COVID-19 pandemic, the meeting was hosted virtually—bringing together leading global practitioners and experts to host a suite of podcasts, videocasts and livestreamed content, available free of charge at the conference website. Renata provides an overview of the panel she moderated, Hot Topics, a discussion on the top issues in antitrust law. She also explores highlights of the conference, including the Enforcer’s Roundtable livestream and Merger Analysis Gone Digital, a panel featuring fellow S&C counsel Foad Hoseinian.

OFAC Guidance in Response to COVID-19

In this episode of S&C’s Critical Insights podcast series, Eric Kadel, co-managing partner of S&C’s Economic Sanctions and Financial Crime practice, and Jamie Earl, special counsel in the practice, discuss OFAC’s recent guidance regarding compliance during the COVID-19 pandemic. First, they consider OFAC’s most recent guidance, issued April 20, 2020. Next, they cover OFAC’s April 16, 2020 guidance regarding provisions related to humanitarian assistance and trade under US economic sanctions programs.

Return-To-Work Considerations For Employers Following COVID-19

In this episode of S&C’s Critical Insights podcast series, Annie Ostrager, co-head of S&C’s Labor and Employment Practice, and litigator Katharine Rodgers, discuss returning to the workplace following the COVID-19 pandemic. On April 16, the White House issued a set of guidelines for reopening the U.S. economy with a three-phase, state-by-state approach. Annie and Katharine explore specific items employers may want to consider as they determine when and how to return their employees to the workplace.

For more information, visit us at Sullcrom.com.

Current PIPE Activity & Considerations

Sullivan & Cromwell Capital Markets Group co-heads Robert Downes, Cathy Clarkin and Sarah Payne discuss why they expect to see more “PIPE” (private investments in public equity) transactions as the pandemic restrictions continue.

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Communications Strategies for Corporate Crises

Bob Giuffra hosted a podcast with Paul Holmes, the CEO of North American operations at the global communications firm Finsbury, discussing communications strategies for corporate crises.

For more information, visit us at Sullcrom.com