S&C Critical Insights

NYDFS and FinCEN Guidance in Response to COVID-19

In this episode of S&C’s Critical Insights podcast series, S&C litigation partner Sharon Cohen Levin discusses a recent order by the New York Department of Financial Services granting regulated entities temporary relief to help them meet compliance obligations while managing disruptions associated with the COVID-19 pandemic. The measures include the relaxation of requirements for the temporary relocation or closure of regulated entities, including those caused by the need to operate remotely, the extension of filing deadlines for certain required reports and permitting the use of electronic means for in-person presence at board meetings. Sharon also discussed FinCEN’s recent guidance encouraging financial institutions to communicate concerns related to the timely filing of reports required under the Bank Secrecy Act and identifying several patterns of fraudulent transactions that have emerged since the onset of the COVID-19 outbreak.

For more information, visit us at Sullcrom.com

Families First Coronavirus Response Act Impacts Employment Law

In this episode of S&C’s Critical Insights podcast series, S&C partner Julie Jordan, co-head of both the Whistleblower Litigation and Workplace Investigations Practice and the Labor and Employment Law Group, discusses the recently-enacted Families First Coronavirus Response Act, which President Trump signed into law on March 18. For private employers with fewer than 500 employees and public agencies, this emergency act expands the Family and Medical Leave Act of 1993 and enacts an Emergency Paid Sick Leave Act in light of the COVID-19 pandemic.

For additional employment law news, please visit our Legal Developments Affecting the Workplace blog and subscribe to receive future updates.

For more information, visit us at Sullcrom.com

Recent Developments Regarding Virtual Shareholder Meetings

In this episode of S&C’s Critical Insights podcast series, Melissa Sawyer, co-head of S&C’s Corporate Governance & Activism practice, discusses recent developments in legal requirements regarding the implementation of virtual shareholder meetings. As 2020 annual shareholder meeting dates draw closer, many companies are considering the feasibility of implementing virtual shareholder meetings due to public health concerns associated with the COVID-19 pandemic. As companies evaluate these approaches, what considerations should companies be taking under federal regulations (particularly the latest SEC guidance), state law and internal governing documents?

For more information, visit us at Sullcrom.com

New COVID-19 Guidelines Delay Merger Reviews

In this episode of S&C’s Critical Insights podcast series, S&C Antitrust Group co-head Renata Hesse discusses new procedures that will impact the process and timing of merger reviews. In light of the COVID-19 crisis, the European Commission, the Antitrust Division of the U.S. Department of Justice and the U.S. Federal Trade Commission have announced that companies should expect delays in the merger review process and prepare accordingly. As developments continue to unfold, companies should also expect additional modifications that may further impact the timing of planned transactions.

For more information, visit us at Sullcrom.com

DOJ’s Antitrust Division and FTC release Draft Vertical Merger Guidelines

In this episode of S&C Critical Insights, litigation partner Dustin Guzior and litigation counsel Sophie Vandergrift address the DOJ Antitrust Division and Federal Trade Commission's latest announcement of draft Vertical Merger Guidelines. The draft guidelines would apply to mergers between companies involved in different levels of the same supply chain, and they are subject to change based on public comments that may be submitted through February 11, 2020.

For more information, visit us at Sullcrom.com

The California Consumer Privacy Act

S&C partners John Evangelakos and Nader Mousavi discuss the California Consumer Privacy Act (CCPA), covering the scope of the Act’s requirements, its definition of “personal information,” CCPA enforcement and other topics.

For more information, visit us at Sullcrom.com

Frank Aquila on Global M&A Trends – 2019 in Review & Bright Signs for 2020

In this episode of S&C Critical Insights, partner Frank Aquila looks back on global M&A activity during 2019 and discusses bright signs he sees for deal making in 2020.

Frank describes 2019 as a “Tale of Two Cities,” with a handful of major M&A deals moving forward, while overall M&A activity was down compared to 2018. Uncertainty caused by Brexit and the slowing of outbound Chinese deals are some of the factors shaping the tepid global M&A market. In the United States, Frank notes that the regulatory review has been more stringent than might have been expected, which has been a drag on transactions.

Frank also discusses M&A trends in specific industries, including the strong market for healthcare deals, the rebirth of M&A in the financial services sector, and the consolidation in luxury retailing. He also shares insights on some of the big issues in the world of corporate governance, including the Business Roundtable’s statement on corporate purpose and the push for more diversity in boardrooms.

For more information, visit us at Sullcrom.com

Getting the Deal Done: Cross-Border M&A

In this episode of the S&C Critical Insights podcast series, S&C partners Carsten Berrar and Krishna Veeraraghavan discuss the unique challenges and opportunities cross-border M&A presents.

For more information, visit us at Sullcrom.com

Legal Developments in the Consumer & Retail Sector

In this episode of S&C Critical Insights podcast series, Audra Cohen, co-head of S&C’s Consumer & Retail Group, and Jim Bromley, co-head of the Firm’s Global Restructuring practice, discuss current trends in the consumer and retail sector as we approach the holiday season. The continuing trend away from brick-and-mortar retail and towards online purchasing poses numerous challenges to retailers. How should retailers address issues such as underutilized real estate holdings, changes to debt markets and acquisitions of e-retailers? How will these changes affect the M&A, commercial real estate and debt markets?

For more information, visit us at Sullcrom.com

Financing with a Conscience: The Growth of Sustainable Finance

In this episode of S&C’s Critical Insights podcast series, S&C partner Craig Jones joins Sam Saunders and Zyad Wright to discuss recent developments in sustainable finance, which essentially encompasses any financial transactions that aim to promote desirable environmental and social outcomes. The Project Development & Finance Group team assesses recent trends in regulations in the rapidly developing market, as well as evaluating the pros and cons of investing in sustainable finance.

For more information, visit us at Sullcrom.com