S&C Critical Insights

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June 22, 2020  

S&C Critical Insights – 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.

June 22, 2020  

S&C Critical Insights – 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.  

June 22, 2020  

S&C Critical Insights – 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.

For more information, visit us at Sullcrom.com.

June 16, 2020  

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

June 12, 2020  

S&C Critical Insights – 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.

June 4, 2020  

S&C Critical Insights – 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.

May 15, 2020  

S&C Critical Insights – 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.

May 12, 2020  

S&C Critical Insights – Dealmaking During the COVID-19 Crisis

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.

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May 12, 2020  

S&C Critical Insights – 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.

May 6, 2020  

S&C Critical Insights – 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.